MATTER OF JIMENEZ v. COUGHLIN


206 A.D.2d 769 (1994)

615 N.Y.S.2d 104

In the Matter of Hector L. Jimenez, Petitioner, v. Thomas A. Coughlin, Iii, as Commissioner of The Department of Correctional Services, et al., Respondents

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

July 28, 1994


Casey, J.

After a hearing, petitioner was found guilty of violating inmate rules which prohibit fighting, assault and possession of a weapon. Petitioner thereafter commenced this proceeding which has been transferred to this Court on the issue of whether substantial evidence supports the determination. Two further issues have been raised: whether petitioner was prejudiced by failure of a witness to endorse the misbehavior report and whether the Hearing...

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