MATTER OF PHILLIPS v. KREMPASKY


244 A.D.2d 976 (1997)

668 N.Y.S.2d 965

In the Matter of Scott Phillips, Petitioner, v. Captain Krempasky et al., Respondents

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

November 19, 1997


Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

The determination that petitioner violated inmate rule 113.12 (7 NYCRR 270.2 [B] [14] [iii] [use of controlled substance]) is supported by substantial evidence (see, People ex rel. Vega v Smith, 66 N.Y.2d 130, 139). Petitioner's contentions that the Hearing Officer was not impartial and that the outcome of the hearing was...

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