MATTER OF MELENDEZ v. COOMBE


233 A.D.2d 630 (1996)

649 N.Y.S.2d 841

In the Matter of Michael Melendez, Petitioner, v. Philip Coombe, Jr., 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.

November 14, 1996


Petitioner was found guilty of violating a prison disciplinary rule which prohibits the possession of a weapon, in this instance, a razor with a taped handle. He subsequently commenced this CPLR article 78 proceeding, contending that no documentary evidence was presented against him at the disciplinary hearing. Petitioner failed to raise this claim at the tier III hearing with the result that it has not been preserved for our review (see, Matter of Shaffer v Leonardo...

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