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MATTER OF JAY v. COOMBE

233 A.D.2d 661 (1996)

649 N.Y.S.2d 831

In the Matter of Nathaniel Jay, 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 rules that prohibit possession of contraband classified as a weapon and possession of an altered item. He challenges this determination on the ground that it was not based upon substantial evidence. Adduced in evidence against petitioner at the disciplinary hearing was the misbehavior report written by a correction officer who, in the course of searching petitioner...

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