MATTER OF WEISS v. COUGHLIN


199 A.D.2d 638 (1993)

604 N.Y.S.2d 654

In the Matter of Dennis Weiss, Respondent, v. Thomas A. Coughlin, III, as Commissioner of The Department of Correctional Services, Appellant

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

December 9, 1993


Mercure, J.

Petitioner challenges a determination following a tier III disciplinary hearing finding him guilty of violating institutional rules during the inmate uprising at Southport Correctional Facility, Chemung County, on May 28-29, 1991. Petitioner did not challenge the substantiality of the evidence upon which the Hearing Officer found him guilty. Rather, he raised four procedural objections: (1) that the Hearing Officer

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