Neal v. Coombe

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Washington County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner, a prison inmate, was found guilty of possessing a weapon after a correction officer found a plexiglass shank-type object in his cell. Petitioner challenges this determination, arguing that it is not supported by substantial evidence because of discrepancies in the description of the item contained in the…