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MATTER OF EARLY v. COUGHLIN

198 A.D.2d 758 (1993)

604 N.Y.S.2d 310

In the Matter of Louis Early, Petitioner, v. Thomas A. Coughlin, III, as Commissioner of Correctional Services, Respondent

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

November 24, 1993

Crew III, J.

Petitioner was charged with providing legal assistance without prior approval of the Superintendent or designee in violation of inmate rule 180.17 (7 NYCRR 270.2 [B] [26] [vii]). Contrary to respondent's assertion, the record before us fails to support the Hearing Officer's finding that the legal assistance provided by petitioner was unauthorized. Although the testimony at the tier III disciplinary hearing plainly established that petitioner...

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