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MATTER OF ECHAVARRIA-BRAND v. COOMBE

231 A.D.2d 935 (1996)

647 N.Y.S.2d 899

In the Matter of Hugo Echavarria-Brand, Petitioner, v. Philip Coombe, Jr., as Acting Commissioner of New York State Department of Correctional Services, Respondent

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

September 27, 1996

Determination unanimously annulled on the law without costs and petition granted in accordance with the following Memorandum: Following a Tier III disciplinary hearing, petitioner was found guilty of violating inmate rules 108.13 (7 NYCRR 270.2 [B] [9] [iv]; possession of escape paraphernalia) and 113.23 (7 NYCRR 270.2 [B] [14] [xiv]; possession of contraband). Petitioner argues that the determination is not supported by substantial evidence. We agree.

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