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McPhee v. Coombe

241 A.D.2d 978 Court N.Y. App. Div. Decision date 1997-07-03 English

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p. 978
In the Matter of William McPhee, Petitioner, v Philip Coombe, Jr., as Acting Commissioner of New York State Department of Correctional Services, Respondent.
[667 NYS2d 140]

Determination unanimously confirmed without costs and petition dismissed. Memorandum: The determination of re

p. 979
spondent 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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