Christian v. Stoughton

Appellate Division of the Supreme Court of New York

Christian v. Stoughton

75 A.D.2d 986, 429 N.Y.S.2d 90, 1980 N.Y. App. Div. LEXIS 11639

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 9, 1980

StatusPublished

This text of 75 A.D.2d 986 (Christian v. Stoughton) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Christian v. Stoughton, 75 A.D.2d 986, 429 N.Y.S.2d 90, 1980 N.Y. App. Div. LEXIS 11639 (N.Y. Ct. App. 1980).

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Opinion

Judgment unanimously reversed, without costs, and petition granted. Memorandum: Having promulgated rules and regulations governing prisoner conduct within the Onondaga County Correctional Facility, respondents were themselves bound to comply with the regulations. This they failed to do. Charges having been brought alleging violation of specific provisions of the Onondaga County Department of Correction Inmate Discipline Code, petitioners were entitled to and were subjected to a hearing on those charges. The adjustment committee determined that petitioners were not guilty of the charges brought against them but found them guilty of charges for which no notification had been given. This was in violation of 9 NYCRR 7006.1 (c) (4) (5) (ii) and the department’s own inmate discipline code. (Appeal from judgment of Onondaga Supreme Court—art 78.) Present —Hancock, Jr., J. P., Schnepp, Callahan, Doerr and Witmer, JJ.

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Judgment unanimously reversed, without costs, and petition granted. Memorandum: Having promulgated rules and regulations governing prisoner conduct within the Onondaga County Correctional Facility, respondents were themselves bound to comply with the regulations. This they failed to do. Charges having been brought alleging violation of specific provisions of the Onondaga County Department of Correction Inmate Discipline Code, petitioners were entitled to and were subjected to a hearing on those charges. The adjustment committee determined that petitioners were not guilty of the charges brought against them but found them guilty of charges for which no notification had been given. This was in violation of 9 NYCRR 7006.1 (c) (4) (5) (ii) and the department’s own inmate discipline code. (Appeal from judgment of Onondaga Supreme Court—art 78.) Present —Hancock, Jr., J. P., Schnepp, Callahan, Doerr and Witmer, JJ.

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Bluebook (online)

75 A.D.2d 986, 429 N.Y.S.2d 90, 1980 N.Y. App. Div. LEXIS 11639, Counsel Stack Legal Research, https://law.counselstack.com/opinion/christian-v-stoughton-nyappdiv-1980.