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Matter of Quinn v. Coughlin

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 9, 1995
216 A.D.2d 896 (N.Y. App. Div. 1995)

Opinion

June 9, 1995

Appeal from the Supreme Court, Wyoming County, Dadd, J.

Present — Denman, P.J., Green, Fallon, Doerr and Balio, JJ.


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 A.D.2d 1156). It is well established that "evidence of justification or mitigating circumstances is relevant in a prison disciplinary proceeding" (Matter of De Mauro v. LeFevre, supra, at 1157; see, Matter of Coleman v. Coombe, 65 N.Y.2d 777, 780; Matter of Wilson v. Coughlin, 186 A.D.2d 1090; Matter of Bole v Coughlin, 132 A.D.2d 70, 73).

We reject respondent's contention that petitioner's challenge to the determination is not preserved for our review.


Summaries of

Matter of Quinn v. Coughlin

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 9, 1995
216 A.D.2d 896 (N.Y. App. Div. 1995)
Case details for

Matter of Quinn v. Coughlin

Case Details

Full title:In the Matter of RICHARD QUINN, Respondent, v. THOMAS A. COUGHLIN, III, as…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 9, 1995

Citations

216 A.D.2d 896 (N.Y. App. Div. 1995)
629 N.Y.S.2d 697