MATTER OF ISLAR v. COOMBE


226 A.D.2d 851 (1996)

640 N.Y.S.2d 650

In the Matter of Stephen Islar, 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.

April 11, 1996


Petitioner, a prison inmate who was found with a small packet of marihuana in his possession, challenges an administrative determination finding him guilty of possessing a controlled substance. Initially, we find that inasmuch as petitioner failed to raise his claim at the administrative hearing that he was denied the right to call a witness, he has not preserved this claim for review. We further find that the misbehavior report, combined with the testimony of the correction...

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