MATTER OF LUGO v. COOMBE


240 A.D.2d 878 (1997)

659 N.Y.S.2d 795

In the Matter of Carlos Lugo, Petitioner, v. Philip J. Coombe, Jr., as Commissioner of Correctional Services, et al., Respondents

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

June 19, 1997


Crew III, J.

Following a tier III disciplinary hearing petitioner, a prison inmate, was found guilty of committing arson by setting fire to his mattress and later extinguishing it. Upon denial of his administrative appeal, petitioner commenced this CPLR article 78 proceeding seeking to annul the determination.

Initially, we reject petitioner's contention that he received inadequate employee assistance. During the course of the disciplinary hearing...

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