AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

In the Matter of JOSE RIVERA, Appellant, v. PHILIP J. COOMBE, JR., as Commissioner of the New York State Department of Correctional Ser

Petitioner was found guilty of violating the prison disciplinary rules that prohibit disobeying an order, possession of a controlled substance (marihuana) and assault upon a staff member. There is no merit to petitioner's contention that he was denied effective employee assistance at his disciplinary hearing. The assistant's inability to present the testimony of two inmate witnesses and certain requested documents was not the result of ineffectiveness but was instead due to circumstances beyond his control, e.g., the witnesses could not be located despite reasonable efforts to do so and the documents were privileged or, in some cases, nonexistent ( see, Matter of Green v. Coombe, 234 A.D.2d 756, 757; Matter of Gonzalez v Mann, 186 A.D.2d 876, 877). Petitioner's remaining contentions have been examined and found to be similarly without merit.

Mikoll, J. P., Mercure, White, Yesawich Jr. and Peters, JJ., concur. Ordered that the judgment is affirmed, without costs.

Use AI to get other relevant cases.

Comments

MATTER OF RIVERA v. COOMBE
(Jul 10, 1997)