O'Neal v. Coughlin

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

Petitioner, an inmate at Elmira Correctional Facility in Chemung County, was allegedly involved in a physical altercation with a correction officer on September 2, 1988 at approximately 3:30 p.m. A short time later, as he was being taken to the special housing unit (hereinafter SHU), petitioner allegedly incited a group…