MATTER OF SUMMERVILLE v. COUGHLIN


199 A.D.2d 867 (1993)

606 N.Y.S.2d 73

In the Matter of Floyd Summerville, Petitioner, v. Thomas A. Coughlin, III, as Commissioner of The New York State Department of Correctional Services, et al., Respondents

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

December 30, 1993


Casey, J.

A misbehavior report issued by a correction counselor charged petitioner with assault of another inmate. The report alleged that a confidential source had revealed to the correction counselor that petitioner had assaulted another inmate by striking him in the face. Petitioner denied having been in the weight room, where the assault occurred, and offered the testimony of two inmates to establish an alibi. The Hearing Officer, who personally interviewed...

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