Garcia v. Coughlin

—Appeal from a judgment of the Supreme Court (Lewis, J.), entered January 3, 1994 in Clinton County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent Commissioner of Correctional Services finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner was charged with violating State-wide rules prohibiting unhygienic acts and littering. The misbehavior report, authored by a correction officer who witnessed the disturbance, stated that the occupant of petitioner’s cell threw miscellaneous debris,…