Echavarria-Brand v. Coombe

Determination unanimously annulled on the law without costs and petition granted in accordance with the following Memorandum: Following a Tier III disciplinary hearing, petitioner was found guilty of violating inmate rules 108.13 (7 NYCRR 270.2 [B] [9] [iv]; possession of escape paraphernalia) and 113.23 (7 NYCRR 270.2 [B] [14] [xiv]; possession of contraband). Petitioner argues that the determination is not supported by substantial evidence. We agree.

The charges arose when a green knit ski mask was found in petitioner’s locker during a cell frisk. The Hearing Officer took the telephone…