McPhee v. Coombe

Appellate Division of the Supreme Court of New York

McPhee v. Coombe

241 A.D.2d 978, 667 N.Y.S.2d 140, 1997 N.Y. App. Div. LEXIS 7962

Appellate Division of the Supreme Court of the State of New York·Decided July 3, 1997·Published

Opinion

Determination unanimously confirmed without costs and petition dismissed. Memorandum: The determination of re[979]*979spondent that petitioner violated inmate rule 113.12 (7 NYCRR 270.2 [B] [14] [iii]), which prohibits the use of a controlled substance, is supported by substantial evidence (see, Matter of Lahey v Kelly, 71 NY2d 135, 138; Matter of Perez v Coombe, 226 AD2d 1131). We have reviewed petitioner’s remaining contention and conclude that it is without merit (see, Matter of McPhee v Coombe, 233 AD2d 963, lv dismissed 89 NY2d 1026). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Dadd, J.) Present—Green, J. P., Law-ton, Doerr, Balio and Boehm, JJ.

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Determination unanimously confirmed without costs and petition dismissed. Memorandum: The determination of re[979]*979spondent that petitioner violated inmate rule 113.12 (7 NYCRR 270.2 [B] [14] [iii]), which prohibits the use of a controlled substance, is supported by substantial evidence (see, Matter of Lahey v Kelly, 71 NY2d 135, 138; Matter of Perez v Coombe, 226 AD2d 1131). We have reviewed petitioner’s remaining contention and conclude that it is without merit (see, Matter of McPhee v Coombe, 233 AD2d 963, lv dismissed 89 NY2d 1026). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Dadd, J.) Present—Green, J. P., Law-ton, Doerr, Balio and Boehm, JJ.

McPhee v. Coombe, 241 A.D.2d 978, 667 N.Y.S.2d 140, 1997 N.Y. App. Div. LEXIS 7962 (N.Y. Ct. App. 1997).

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Opinion

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