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MATTER OF REYNOSO v. COOMBE

241 A.D.2d 738 (1997)

663 N.Y.S.2d 1016

In the Matter of Ignacio Reynoso, Appellant, v. Philip Coombe, Jr., as Commissioner of The Department of Correctional Services, et al., Respondents

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

July 17, 1997

Petitioner was found guilty of violating a prison disciplinary rule prohibiting lewd exposure. He commenced this CPLR article 78 proceeding challenging the administrative determination of guilt on procedural and substantial evidence grounds. In lieu of serving an answer to the petition, respondents moved to dismiss the proceeding in which they refuted petitioner's claims. Supreme Court granted the motion and petitioner appeals...

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