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MTR. OF HILLARD v. COUGHLIN

187 A.D.2d 136 (1993)

In the Matter of John Hillard, 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, Third Department.

February 4, 1993

Attorney(s) appearing for the Case

Sarah Betsy Fuller, Prisoners' Legal Services, Ithaca, for petitioner.

Robert Abrams, Attorney-General, Albany (John McConnell, Nancy A. Spiegel and Martin A. Hotvet of counsel), for respondent.

WEISS, P. J., YESAWICH JR., CREW III and CASEY, JJ., concur.

MERCURE, J.

Petitioner was served with a misbehavior report which alleged violations of Department of Correctional Services rules 104.10 (rioting [see, 7 NYCRR 270.2 (B) (5) (i)]) and 109.11 (leaving an assigned area without authorization [see, 7 NYCRR 270.2 (B) (10) (ii)]) as a result of his participation in the May 28-29, 1991 takeover of the outdoor exercise yard to A-Block at Southport Correctional...

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