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MATTER OF HOWARD v. COUGHLIN

190 A.D.2d 1090 (1993)

In the Matter of Clifford Howard, Respondent, v. Thomas A. Coughlin, III, as Commissioner of Department of Correctional Services, et al., Appellants

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

February 5, 1993

Judgment unanimously affirmed.

Memorandum:

Petitioner was an inmate at the Auburn Correctional Facility when, on the morning of April 16, 1991, inmate Roberto Martinez was fatally stabbed. Three days later petitioner was charged with violating prison disciplinary rules prohibiting the commission of any Penal Law offense (7 NYCRR 270.2 [A]), violent conduct (7 NYCRR 270.2 [B] [5] [ii]) and assault upon another inmate...

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