MATTER OF BOSTIC v. COUGHLIN


216 A.D.2d 766 (1995)

628 N.Y.S.2d 448

In the Matter of Andrew Bostic, Petitioner, v. Thomas A. Coughlin, Iii, as Commissioner of New York State Department of Correctional Services, Respondent

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

June 22, 1995


Cardona, P. J.

Petitioner, a prison inmate, was charged in a misbehavior report with assaulting another inmate in violation of a prison disciplinary rule. The misbehavior report was prepared and signed by a correction officer who had not witnessed the assault but had obtained a statement from the victim identifying petitioner as the assailant. The report also set forth an account of the incident. In addition, the correction officer prepared an unusual...

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