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MATTER OF SANTOS v. COUGHLIN

222 A.D.2d 870 (1995)

635 N.Y.S.2d 317

In the Matter of Henry Santos, Appellant, v. Thomas A. Coughlin, III, as Commissioner of The New York State Department of Correctional Services, et al., Respondents

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

December 14, 1995

Casey, J.

Petitioner was found guilty of violating several prison disciplinary rules including possessing a spray bottle of gasoline in his cell, possessing a bottle of paint thinner in his cell, arson and destruction of State property. Petitioner commenced a CPLR article 78 proceeding and this Court annulled the latter two charges (201 A.D.2d 849). The annulment was based upon the Hearing Officer's failure to independently...

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