MATTER OF JONES v. COOMBE


232 A.D.2d 685 (1996)

647 N.Y.S.2d 1022

In the Matter of Joseph Jones, 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.

October 10, 1996


Petitioner was found guilty of violating prison disciplinary rules that prohibit threatening a staff member, fighting, possession of a weapon and refusing to obey a direct order. He argues that this determination should be annulled because, inter alia, his due process rights were violated by the bias of the Hearing Officer who presided at his disciplinary hearing.

Because petitioner failed to raise the issue of Hearing Officer bias until he commenced this CPLR...

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