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  5. 190 A.D.2d 233 (1993)
 

MATTER OF ALLAH v. COUGHLIN

190 A.D.2d 233 (1993)

In the Matter of Born Allah, Appellant, v. Thomas A. Coughlin, III, as Commissioner of The Department of Correctional Services, et al., Respondents. (Proceeding No. 1.) In the Matter of Edwin Sanchez et al., Appellants, v. Thomas A. Coughlin, III, as Commissioner of The Department of Correctional Services, et al., Respondents. (Proceeding No. 2.)

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

June 24, 1993

Attorney(s) appearing for the Case

Prisoners' Legal Services of New York, Buffalo (Michael W. McCarthy of counsel), for appellants.

Robert Abrams, Attorney-General, Albany (Patrick Barnett-Mulligan and Peter H. Schiff of counsel), for respondents.

WEISS, P. J., YESAWICH JR., LEVINE and MERCURE, JJ., concur.

MIKOLL, J.

At issue in these proceedings is the question of whether respondent Commissioner of Correctional Services may (1) promulgate a regulation requiring a mandatory disciplinary surcharge of $5 to be assessed against an inmate after a tier II or tier III disciplinary hearing wherein an inmate is found guilty of the charge (7 NYCRR 253.7 [b]; see, 7 NYCRR 254.7 [b]), and (2) promulgate a regulation...

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