MATTER OF RODRIGUEZ v. COOMBE


239 A.D.2d 854 (1997)

657 N.Y.S.2d 839

In the Matter of Jose Rodriguez, 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.

May 22, 1997


Yesawich Jr., J.

Petitioner, a prison inmate, was charged in an October 28, 1994 misbehavior report with assaulting another inmate. The first disciplinary hearing was administratively reversed and a rehearing ordered, after which petitioner was found guilty. That determination was affirmed upon administrative review and this CPLR article 78 proceeding ensued. Petitioner challenges the determination on the grounds, inter alia, that he was denied...

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