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MATTER OF WATKINS v. COOMBE

236 A.D.2d 883 (1997)

653 N.Y.S.2d 750

In the Matter of Leonza Watkins, Petitioner, v. Philip Coombe, Jr., as Acting Commissioner of New York State Department of Correctional Services, Respondent

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

February 7, 1997

Determination unanimously annulled on the law without costs and petition granted.

Memorandum:

Based upon a misbehavior report written by a correction officer, petitioner was charged with a violation of inmate rule 106.10 (7 NYCRR 270.2 [B] [7] [i]; Refusal To Follow a Direct Order) and inmate rule 109.12 (7 NYCRR 270.2 [B] [10] [iii]; Inmate Movement). At his Tier II hearing, petitioner pleaded not guilty to both charges. The Hearing Officer found petitioner...

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