MATTER OF MARTINEZ v. COOMBE


234 A.D.2d 825 (1996)

651 N.Y.S.2d 943

In the Matter of Roberto Martinez, Appellant, v. Philip Coombe, Jr., as Commissioner of The New York State Department of Correctional Services, Respondent

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

December 19, 1996


Petitioner was found guilty of violating a prison disciplinary rule prohibiting the use of a controlled substance. After this finding was administratively affirmed, petitioner submitted an order to show cause to Supreme Court attempting to commence a proceeding pursuant to CPLR article 78 challenging the determination. The order to show cause was signed and ordered, inter alia, that service of the petition and order to show cause be made upon respondent and the Attorney...

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