MATTER OF QUINN v. COUGHLIN


216 A.D.2d 896 (1995)

629 N.Y.S.2d 697

In the Matter of Richard Quinn, Respondent, v. Thomas A. Coughlin, III, as Commissioner of New York State Department of Correctional Services, Appellant

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

June 9, 1995


Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted the petition and annulled the determination finding petitioner guilty of refusing to obey a direct order (see, 7 NYCRR 270.2 [B] [7] [i]). At petitioner's Tier III hearing, the Hearing Officer erred in refusing to receive or consider evidence that petitioner acted out of genuine concern for his safety (see, Matter of De Mauro v LeFevre,

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