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MATTER OF VARELA v. COUGHLIN

199 A.D.2d 1007 (1993)

606 N.Y.S.2d 109

In the Matter of Alberto Varela, 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, Fourth Department.

December 29, 1993

Determination unanimously annulled on the law and petition granted in accordance with the following Memorandum: Because the evidence submitted at the Tier III superintendent's hearing established that petitioner swung a water bucket at another inmate to defend himself from an unprovoked attack, the determination that petitioner was fighting is not supported by substantial evidence and must be annulled and all reference to the...

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