Legal Opinion

Fortuna v. Coughlin

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

Decided December 18, 1995Published

1Opinion of the Court

—Proceeding pursuant to CPLR article 78 to review a determination of Thomas Coughlin, III, Commissioner of the New York State Department of Correction, dated August 12, 1993, which found that the petitioner violated 7 NYCRR 270.2 (B) (3) (i), and imposed a penalty of 180 days in the Special Housing Unit and one year’s loss of good time.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

Contrary to the petitioner’s contentions, there was substantial evidence in the record supporting the Commissioner’s determination (see,…

2Cases cited4 opinions

  1. People ex rel. Vega v. SmithNew York Court of Appeals · 1985
  2. MTR. OF ABDUR-RAHEEM v. MannNew York Court of Appeals · 1995
  3. Oro v. KeaneAppellate Division of the Supreme Court of the State of New York · 1995
  4. Vargas v. StrackAppellate Division of the Supreme Court of the State of New York · 1995

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