Legal Opinion

Mitchell v. Coombe

Appellate Division of the Supreme Court of the State of New York

Decided April 3, 1997PublishedCited by 3 opinions

1Opinion of the Court

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

As a result of a nine-inch broken broom handle being found in the leg of petitioner’s bed, petitioner was charged with, and found guilty of, possession of a weapon "by description, use or appearance”. Petitioner contends that the determination is not supported by substantial evidence because it was not established that the…

2Cases cited5 opinions

  1. Smith v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1985
  2. Torres v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1995
  3. Hay v. CoombeAppellate Division of the Supreme Court of the State of New York · 1996
  4. McDowell v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1995
  5. Israel v. LeonardoAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by3 opinions

  1. Caraway v. WalkerAppellate Division of the Supreme Court of the State of New York · 1998
  2. Blanche v. SelskyAppellate Division of the Supreme Court of the State of New York · 1998
  3. Ebanks v. GoordAppellate Division of the Supreme Court of the State of New York · 1999

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