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MATTER OF HOWARD v. COUGHLIN

212 A.D.2d 852 (1995)

622 N.Y.S.2d 134

In the Matter of Clifford Howard, Respondent, v. Thomas Coughlin, as Commissioner of The New York State Department of Correctional Services, Appellant

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

February 2, 1995

White, J.

Petitioner was an inmate at Auburn Correctional Facility in Cayuga County when, on the morning of April 16, 1991, inmate Roberto Martinez was fatally stabbed. Three days later petitioner was charged with violating prison disciplinary rules prohibiting the commission of any Penal Law offense (7 NYCRR 270.2 [A]), violent conduct (7 NYCRR 270.2 [B] [5] [ii]) and assault upon another inmate (7 NYCRR 270.2 [B] [1] [i]) in connection with said stabbing...

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