Legal Opinion

Mabery v. Coughlin

Appellate Division of the Supreme Court of the State of New York

Decided December 27, 1990PublishedCited by 7 opinions

1Opinion of the Court

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Clinton County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

The misbehavior report was written by the correction officer who conducted the search of petitioner’s coat which revealed the weapon at issue. Furthermore, the report was corroborated by a photograph of the weapon and the testimony of two additional eyewitnesses to the incident (see, Matter of Hernandez v LeFevre, 150 AD2d…

2Cases cited2 opinions

  1. Hernandez v. LeFevreAppellate Division of the Supreme Court of the State of New York · 1989
  2. Caldwell v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1989

3Cited by7 opinions

  1. Torres v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1995
  2. Varela v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1994
  3. Williams v. SelskyAppellate Division of the Supreme Court of the State of New York · 1999
  4. Hawkins v. CoombeAppellate Division of the Supreme Court of the State of New York · 1996
  5. Patterson v. SenkowskiAppellate Division of the Supreme Court of the State of New York · 1994

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