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MATTER OF MABRY v. COOMBE

251 A.D.2d 801 (1998)

673 N.Y.S.2d 339

In the Matter of Bobby Mabry, 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.

June 11, 1998

Petitioner, an inmate at Wende Correctional Facility in Erie County, commenced this proceeding challenging a determination of respondents which found him guilty of violating the prison disciplinary rule that prohibits the unauthorized use of a controlled substance. Inasmuch as the record fails to establish that petitioner served a signed order to show cause upon respondents and the Attorney-General as directed therein, Supreme...

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