MATTER OF FITZGERALD v. COUGHLIN


191 A.D.2d 941 (1993)

595 N.Y.S.2d 253

In the Matter of Ronnie Fitzgerald, 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 after a Superintendent's hearing of violating State-wide rules prohibiting rioting, threatening, violent conduct and possession of weapons as a result of his activities during an inmate uprising at Southport Correctional Facility in Chemung County. He now raises various arguments in contending that the determination must be annulled.

Initially, we reject petitioner's argument that the Hearing Officer was biased. Nothing in the record reveals...

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