MATTER OF FEBRE v. COUGHLIN


217 A.D.2d 732 (1995)

629 N.Y.S.2d 108

In the Matter of Angel Febre, Petitioner, v. Thomas A. Coughlin, III, as Commissioner of The New York State Department of Correctional Services, Respondent

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

July 6, 1995


Petitioner was found guilty after a Superintendent's hearing of violating disciplinary rules prohibiting assault upon another inmate and refusal of a direct order. The misbehavior report, authored by the correction officer who observed the incident, stated that petitioner was seen reaching out to the victim's face, after which the victim had blood on his face and hands. The report also stated that petitioner was told to stop but continued to walk away. These facts were corroborated...

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