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MATTER OF ZARO v. COUGHLIN

195 A.D.2d 1003 (1993)

601 N.Y.S.2d 744

In the Matter of Michael Zaro, Appellant, 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, Fourth Department.

July 16, 1993

Judgment unanimously affirmed.

Memorandum:

Petitioner contends that the Hearing Officer failed to assess his "retaliation" defense in a fair and impartial manner. We disagree. The record reveals that petitioner was allowed to offer documentary and testimonial evidence in support of his defense (cf., Matter of Wilson v Coughlin, 186 A.D.2d 1090), and the fact that the Hearing Officer rejected the defense does...

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