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MATTER OF NINA v. COOMBE

233 A.D.2d 658 (1996)

649 N.Y.S.2d 833

In the Matter of Gustavo Nina, Petitioner, v. Philip Coombe, Jr., as Commissioner of The 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 the prison disciplinary rule that prohibits the use of controlled substances. He challenges the determination on the ground that it was not based upon substantial evidence. We disagree.

Adduced in evidence against petitioner was the misbehavior report, documentation relating to the urinalysis test results and the testimony of the correction officer who prepared the report and who...

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