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MATTER OF STOLL v. COUGHLIN

173 A.D.2d 998 (1991)

In the Matter of James Stoll, Petitioner, v. Thomas A. Coughlin III, as Commissioner of Correctional Services, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 9, 1991

Although petitioner contended that he was attacked by another inmate with a weapon, the fact that the weapon (a razor blade) was found in his cell gave rise to an inference of impropriety (see, Matter of Hernandez v LeFevre, 150 A.D.2d 954, lv denied 74 N.Y.2d 615). This is true even though others may have had access to petitioner's cell (see, Matter of Caldwell v Coughlin, 148 A.D.2d...

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