Quinn v. Coughlin

Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly granted the petition and annulled the determination finding petitioner guilty of refusing to obey a direct order (see, 7 NYCRR 270.2 [B] [7] [i]). At petitioner’s Tier III hearing, the Hearing Officer erred in refusing to receive or consider evidence that petitioner acted out of genuine concern for his safety (see, Matter of De Mauro v LeFevre, 91 AD2d 1156). It is well established that "evidence of justification or mitigating circumstances is relevant in a prison disciplinary proceeding” (Matter of De Mauro v…