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MATTER OF GUERRERO v. COOMBE

239 A.D.2d 676 (1997)

657 N.Y.S.2d 1016

In the Matter of Eladio Guerrero, Petitioner, v. Philip Coombe, Jr., as Commissioner of The New York State Department of Correctional Services, et al., Respondents

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

May 8, 1997

Peters, J.

On August 24, 1995, petitioner, a prison inmate, was transferred to Eastern Correctional Facility in Ulster County and placed in a double occupancy cell. Shortly after his arrival, petitioner's cellmate attempted to assault him and petitioner was moved out of the cell. When petitioner refused to return to a double occupancy cell, a misbehavior report was issued and a disciplinary hearing was held. He was found guilty of violating prison disciplinary...

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