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MATTER OF DAWES v. COUGHLIN

176 A.D.2d 415 (1991)

In the Matter of Ian Dawes, Appellant, v. Thomas A. Coughlin III, as Commissioner of The Department of Correctional Services, Respondent

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

September 19, 1991

Although petitioner argues to the contrary, the decision to exclude him from his disciplinary hearing was not arbitrary or capricious (see, Matter of Cortez v Coughlin, 115 A.D.2d 841, affd 67 N.Y.2d 907). The Hearing Officer determined that the denial was required in order to promote "institutional safety or correctional goals" (7 NYCRR 254.6 [b]) and the record contains factual...

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