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MATTER OF BOYCE v. COUGHLIN

191 A.D.2d 936 (1993)

595 N.Y.S.2d 140

In the Matter of David Boyce, Petitioner, v. Thomas A. Coughlin, III, as Commissioner of The 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 after a Superintendent's hearing 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. In this proceeding, petitioner contends that the determination is not supported by substantial evidence and that the failure...

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