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MATTER OF BROOKS v. COUGHLIN

182 A.D.2d 1115 (1992)

In the Matter of Curtis Brooks, 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.

April 24, 1992

Determination unanimously modified on the law and as modified confirmed and matter remitted to respondent Superintendent for further proceedings in accordance with the following Memorandum: Under the circumstances, it was error for the Hearing Officer to refuse to view the security surveillance videotape of the incident prior to making his determination at the Tier III disciplinary proceeding. Because of the severity of the charges...

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