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MATTER OF CABAN v. COOMBE

233 A.D.2d 654 (1996)

649 N.Y.S.2d 830

In the Matter of Miguel Caban, Petitioner, v. Philip Coombe, Jr., as Commissioner of The Department of Correctional Services, et al., Respondents

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

November 14, 1996

Petitioner was an inmate at Elmira Correctional Facility in Chemung County when he was found guilty of violating prison disciplinary rules prohibiting the refusal to obey a direct order and the failure to comply with frisk procedures. The charges arose out of an incident in the prison yard when petitioner refused a correction officer's request that he open his mouth so that the officer could investigate a large bulge he had observed...

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