MATTER OF DAVIS v. COOMBE


236 A.D.2d 891 (1997)

653 N.Y.S.2d 752

In the Matter of Robert Davis, 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 modified on the law and as modified confirmed without costs and matter remitted to respondent for further proceedings in accordance with the following Memorandum: The inmate misbehavior report lodged against petitioner states that a 13-inch metal rod was found hidden in a window sill while petitioner's belongings were being packed by a correction officer. The hearing testimony establishes that petitioner...

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