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MATTER OF RIVERA v. COOMBE

241 A.D.2d 643 (1997)

660 N.Y.S.2d 90

In the Matter of Jose Rivera, Appellant, v. Philip J. Coombe, Jr., as Commissioner of The New York State Department of Correctional Services, et al., Respondents

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

July 10, 1997

Petitioner was found guilty of violating the prison disciplinary rules that prohibit disobeying an order, possession of a controlled substance (marihuana) and assault upon a staff member. There is no merit to petitioner's contention that he was denied effective employee assistance at his disciplinary hearing. The assistant's inability to present the testimony of two inmate witnesses and certain requested documents was not the result...

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