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MATTER OF BARKSDALE v. COUGHLIN

191 A.D.2d 935 (1993)

595 N.Y.S.2d 336

In the Matter of Steven Barksdale, Petitioner, v. Thomas A. Coughlin, III, as Commissioner of The New York State Department of Correctional Services, Respondent

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

March 18, 1993

Petitioner was found guilty of violating State-wide rules 104.10 (7 NYCRR 270.2 [B] [5] [i]; rioting) and 109.11 (7 NYCRR 270.2 [B] [10] [ii]; leaving an assigned area without authorization) as a result of his activities during an inmate uprising on May 28-29, 1991 at Southport Correctional Facility in Chemung County. Petitioner contends in this proceeding that the determination is not supported by substantial evidence and that the failure of the Hearing Officer to record...

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