MATTER OF LOWERY v. COUGHLIN


190 A.D.2d 945 (1993)

In the Matter of Jeffrey Lowery, Petitioner, v. Thomas 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 of violations of State-wide rules 104.10 (rioting) and 109.11 (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 was not supported by substantial evidence and that procedural errors require annulment.

The misbehavior report states that petitioner was...

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