MATTER OF RUGGIERO v. COOMBE


219 A.D.2d 844 (1995)

632 N.Y.S.2d 35

In the Matter of Robert Ruggiero, Petitioner, v. Philip Coombe, Jr., as Acting Commissioner of The New York State Department of Correctional Services, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

September 29, 1995


Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

Petitioner was charged with violating various inmate rules arising out of an obscene phone call. The parole officer who had received the obscene phone call listened to a tape recording of petitioner's voice and positively identified petitioner's "distinctive voice". That testimony, along with the misbehavior report that placed petitioner in the room from which the obscene...

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