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MATTER OF BOSWELL v. COOMBE

231 A.D.2d 940 (1996)

648 N.Y.S.2d 370

In the Matter of Darryl Boswell, 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 confirmed without costs and petition dismissed.

Memorandum:

Petitioner commenced this CPLR article 78 proceeding to challenge respondent's determination, following a Tier III disciplinary hearing, that he violated inmate rules 104.12 and 104.13 (7 NYCRR 270.2 [B] [5] [iii], [iv]). Petitioner argues that the Hearing Officer was disqualified from acting as Hearing Officer pursuant to 7 NYCRR 254.1 because he actually witnessed the incident...

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