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MATTER OF NELSON v. COUGHLIN

188 A.D.2d 1071 (1992)

In the Matter of Kary Nelson, Petitioner, v. Thomas A. Coughlin, as Commissioner of Department of Correctional Services, et al., Respondents

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

December 30, 1992

Determination unanimously confirmed and petition dismissed.

Memorandum:

In this CPLR article 78 proceeding, petitioner challenges the determination, following a Tier III prison disciplinary hearing, finding him guilty of creating a disturbance, verbal harassment and making threats. The charges were based on a misbehavior report authored by a deputy superintendent. The Hearing Officer, a lieutenant, is a subordinate of the deputy superintendent. Petitioner...

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