MATTER OF SALCEDO v. COUGHLIN


190 A.D.2d 942 (1993)

In the Matter of Juan Salcedo, 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.

February 11, 1993


Petitioner was found guilty after a Superintendent's hearing of violating State-wide rule 104.10 (rioting) as a result of his actions during an inmate uprising on May 28-29, 1991 at Southport Correctional Facility in Chemung County. Petitioner instituted this proceeding contending that the determination was not supported by substantial evidence and that various procedural errors require annulment. We confirm.

Initially, we find that the misbehavior report, which stated...

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