MATTER OF PEREZ v. COOMBE


224 A.D.2d 1035 (1996)

637 N.Y.S.2d 906

In the Matter of Joseph Perez, 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.

February 2, 1996


Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

Following a Tier III disciplinary hearing, the Hearing Officer found petitioner guilty of possessing a weapon in violation of inmate rule 113.10 (7 NYCRR 270.2 [B] [14] [i]). In reaching that determination, the Hearing Officer indicated that he relied upon the written misbehavior report. In his answer, however, respondent attached ten pages of memoranda written by different...

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