Davis v. Coombe

—Determination unanimously modified on the law and as modified confirmed without costs and matter remitted to respondent for further proceedings in accordance with the following Memorandum: The inmate misbehavior report lodged against petitioner states that a 13-inch metal rod was found *892hidden in a window sill while petitioner’s belongings were being packed by a correction officer. The hearing testimony establishes that petitioner resided in a "cube” in an open dorm area. The record is devoid of any evidence that petitioner had control over the window or had any connection to the rod.…