MATTER OF COWART v. COUGHLIN


194 A.D.2d 1036 (1993)

599 N.Y.S.2d 677

In the Matter of Floyd Cowart, Petitioner, v. Thomas A. Coughlin, III, as Commissioner of Correctional Services, et al., Respondents

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

June 24, 1993


Yesawich Jr., J.

After a correction officer discovered a bag containing several metal "shanks" (homemade knives) in a space adjacent to petitioner's cell at Shawangunk Correctional Facility in Ulster County, petitioner was charged with possessing weapons in violation of rule 113.10. A tier III disciplinary hearing was held at which petitioner denied possessing or having any knowledge of the weapons, and at which 12 of petitioner's 13 requested witnesses...

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