MATTER OF WANTON v. COOMBE


234 A.D.2d 824 (1996)

651 N.Y.S.2d 669

In the Matter of Jorge Wanton, Appellant, v. Philip Coombe, Jr., as Commissioner of The Department of Corrections, Respondent

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

December 19, 1996


Petitioner was an inmate at Shawangunk Correctional Facility in Ulster County when he was found guilty of violating the prison disciplinary rule which prohibits possession of a weapon. Petitioner subsequently filed the instant CPLR article 78 proceeding challenging the administrative determination on the ground that it resulted from an improper search of his cell that took place out of petitioner's presence, in violation of Department of Correctional Services Directive No...

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