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MATTER OF RIZZUTO v. COOMBE

225 A.D.2d 961 (1996)

639 N.Y.S.2d 582

In the Matter of Joseph Rizzuto, Petitioner, v. Philip Coombe, 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.

March 21, 1996

Peters, J.

On November 20, 1994, while petitioner was an inmate at Woodbourne Correctional Facility in Sullivan County, he was issued two misbehavior reports, both of which charged him with acting in an obstructive and harassing manner towards correction officers after he had been ordered to provide urine samples for testing. The first report, authored by Correction Officer D. Smith, charged petitioner with violating rule 106.10 (7 NYCRR 270.2 [B] [7...

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