Legal Opinion

Gaston v. Coughlin

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

Decided April 24, 1992PublishedCited by 8 opinions

1Opinion of the Court

Determination unanimously annulled on the law and petition granted in accordance with the following Memorandum: On May 19, 1990, there was a food strike at the Auburn Correctional Facility. Based upon confidential information received from an inmate by a correction officer, petitioner was charged with organizing the food strike in violation of 7 NYCRR 270.2 (B) (5) (iii). After a Tier III rehearing, at which petitioner and two other inmates testified that petitioner had not been involved in the food strike, petitioner was found guilty.

The record of the Tier III rehearing shows that there was…

2Cases cited3 opinions

  1. Alvarado v. LeFevreAppellate Division of the Supreme Court of the State of New York · 1985
  2. Nelson v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1989
  3. Carter v. KellyAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by8 opinions

  1. Kenneth Gaston v. Thomas A. Coughlin, III Donald Selsky Lt. Grant Lebaron, Lt. Hans Walker Frank Irvin Edward Dann John Doe, Confidential InformantCourt of Appeals for the Second Circuit · 2001
  2. MTR. OF ABDUR-RAHEEM v. MannNew York Court of Appeals · 1995
  3. Allen v. GoordAppellate Division of the Supreme Court of the State of New York · 1998
  4. 49th Street Management Co. v. New York City Taxi & Limousine CommissionAppellate Division of the Supreme Court of the State of New York · 2000
  5. Cotto v. BautistaAppellate Division of the Supreme Court of the State of New York · 1998

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