Fortune v. Coughlin
Opinion of the Court
— Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Chemung County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.
The misbehavior report was authored by one of the correction officers who witnessed the incident. In addition, at the hearing that correction officer confirmed what he wrote in the report and testified that he was "absolutely sure” it was petitioner who was engaged in the fight which apparently set
Weiss, P. J., Yesawich Jr., Crew III, Casey and Harvey, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.