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MATTER OF LASHWAY v. COUGHLIN

220 A.D.2d 912 (1995)

632 N.Y.S.2d 325

In the Matter of Steven Lashway, 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.

October 19, 1995

Petitioner, a prison inmate, was charged with violating prison disciplinary rules prohibiting inmates from assaulting and making threats against staff as the result of an incident in which he allegedly struck a correction officer with a broom handle and made threatening comments. At the disciplinary hearing, the correction officer who prepared the misbehavior report testified that he believed he was struck by the broom by accident...

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