MATTER OF PATON v. COUGHLIN


225 A.D.2d 991 (1996)

639 N.Y.S.2d 539

In the Matter of Garfield Paton, Respondent, v. Thomas A. Coughlin, Iii, as Commissioner of The Department of Correctional Services, et al., Appellants

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

March 21, 1996


Spain, J.

As the result of a prison yard fight petitioner was charged with violating several disciplinary rules. At his disciplinary hearing petitioner called three inmate witnesses to testify; however, one inmate witness refused to testify. The uncooperative inmate witness was brought to the hearing at the direction of the Hearing Officer, where he refused to testify and declined to explain his reasons on the tape recording of the hearing; he also refused...

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