MATTER OF NEAL v. COOMBE


231 A.D.2d 795 (1996)

647 N.Y.S.2d 127

In the Matter of Christopher Neal, Petitioner, v. Philip Coombe, Jr., as Commissioner of The Department of Correctional Services, et al., Respondents

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

September 12, 1996


Petitioner, a prison inmate, was found guilty of possessing a weapon after a correction officer found a plexiglass shank-type object in his cell. Petitioner challenges this determination, arguing that it is not supported by substantial evidence because of discrepancies in the description of the item contained in the misbehavior report and that related by the Hearing Officer. He further contends, inter alia, that he was not given the requisite 24 hours to confer with...

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