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MATTER OF GALLAGHER v. COUGHLIN

193 A.D.2d 847 (1993)

597 N.Y.S.2d 495

In the Matter of Christopher Gallagher, Petitioner, v. Thomas A. Coughlin, III, as Commissioner of Correctional Services, et al., Respondents

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

May 6, 1993

On September 18, 1991, after a tier III disciplinary hearing, petitioner was found guilty of making threats concerning another inmate. This finding was affirmed on administrative appeal. Petitioner then commenced this CPLR article 78 proceeding contending, inter alia, that the determination was not supported by substantial evidence and that the Hearing Officer was biased.

We confirm. Contrary to petitioner's contention, the focus of

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