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MATTER OF APONTE v. COUGHLIN

204 A.D.2d 1033 (1994)

613 N.Y.S.2d 101

In the Matter of Pablo Aponte, Petitioner, v. Thomas A. Coughlin, III, as Commissioner of The New York State Department of Correctional Services, Respondent

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

May 27, 1994

Determination unanimously annulled on the law and petition granted in accordance with the following Memorandum: On January 7, 1993, three correction officers were assaulted by inmates in the recreational bubble at the Wyoming Correctional Facility. After a Tier III disciplinary hearing, petitioner was found guilty of violating inmate rules against engaging in violent conduct and conduct that disturbs the order of the facility....

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