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MATTER OF FORTUNE v. COUGHLIN

183 A.D.2d 967 (1992)

In the Matter of Tundee Fortune, Petitioner, v. Thomas A. Coughlin, as Commissioner of The Department of Correctional Services, et al., Respondents

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

May 7, 1992

The misbehavior report was authored by one of the correction officers who witnessed the incident. In addition, at the hearing that correction officer confirmed what he wrote in the report and testified that he was "absolutely sure" it was petitioner who was engaged in the fight which apparently set off the general disturbance and assault on facility staff. A second positive identification was also made by another correction officer...

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