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MATTER OF PEREZ v. COOMBE

245 A.D.2d 1075 (1997)

666 N.Y.S.2d 81

In the Matter of Miguel Perez, Appellant, v. Philip Coombe, 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.

December 31, 1997

Judgment unanimously affirmed without costs.

Memorandum:

Petitioner commenced this CPLR article 78 proceeding seeking to annul a prison disciplinary determination finding him guilty of possession of heroin and smuggling. The record does not support the contention of petitioner that he was denied his right to call witnesses on his behalf (see, 7 NYCRR 254.5 [a]). The record establishes that the Hearing Officer conducted an extended hearing in order to...

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