MATTER OF URGITANO v. COUGHLIN


191 A.D.2d 1047 (1993)

595 N.Y.S.2d 159

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

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

March 12, 1993


Determination unanimously annulled on the law and petition granted in accordance with the following Memorandum: In this Tier III prisoner disciplinary proceeding, respondents concede that the inmate misbehavior report did not constitute substantial evidence in support of the charge of rioting because the report, which was the only evidence presented against petitioner, failed to state the specific role petitioner played in the riot (see, 7 NYCRR 251-1.4 [c], [d] [effective...

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