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MATTER OF SMITH v. COUGHLIN

182 A.D.2d 990 (1992)

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

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

April 9, 1992

Casey, J.

Petitioner, a prisoner at Great Meadow Correctional Facility in Washington County, was charged by misbehavior report dated September 9, 1989 with a violation of institutional rule 113.12, which prohibits the use of narcotics. It appears that a small plastic bag containing cocaine, which petitioner's wife said was his, was found in a maroon bathrobe by a correction officer during the supervision of petitioner's trailer visit on September 9, 1989...

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