General
In the Matter of William McPhee, Petitioner, v. Philip Coombe, Jr., as Acting Commissioner of New York State Department of Correctional Services, Respondent
241 A.D.2d 978667 N.Y.S.2d 140·New York Supreme Court, Appellate Division·1997·NY
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Opinion
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]
[MAJORITY]
Determination unanimously confirmed without costs and petition dismissed. Memorandum: The determination of respondent 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.