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MATTER OF GARDINER v. COUGHLIN

190 A.D.2d 962 (1993)

In the Matter of James Gardiner, Petitioner, v. Thomas A. Coughlin, III, as Commissioner of The Department of Correctional Services, et al., Respondents

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

February 25, 1993

Mercure, J.

Petitioner, an inmate at Southport Correctional Facility in Chemung County, was involved in an August 30, 1990 incident which resulted in the death of another inmate. As a result, petitioner was charged in a misbehavior report with violating State-wide rules 100.10 (assault on another inmate) and 100.13 (fighting) (see, 7 NYCRR 270.2). Following a tier III hearing, petitioner was found guilty of both charges and punishment was imposed...

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