Melendez v. Coombe

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 which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty of violating a prison disciplinary rule which prohibits the possession of a weapon, in this instance, a razor with a taped handle. He subsequently commenced this CPLR article 78 proceeding, contending that no documentary evidence was presented against him at the disciplinary hearing. Petitioner failed to raise this claim at the tier III…