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MATTER OF SHARPE v. COOMBE

237 A.D.2d 980 (1997)

656 N.Y.S.2d 984

In the Matter of Tim Sharpe, 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.

March 14, 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: Petitioner commenced this proceeding to annul respondent's determination, after a Tier III hearing, that he possessed a controlled substance in violation of inmate rule 113.12 (7 NYCRR 270.2 [B] [14] [iii]) and that he possessed drug paraphernalia in violation of the same rule. There is...

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