Green v. Coughlin

Appellate Division of the Supreme Court of New York

Green v. Coughlin

122 A.D.2d 605, 505 N.Y.S.2d 17, 1986 N.Y. App. Div. LEXIS 59891

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

DecidedJuly 11, 1986

StatusPublished

Cited by1 cases

This text of 122 A.D.2d 605 (Green v. Coughlin) 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

Green v. Coughlin, 122 A.D.2d 605, 505 N.Y.S.2d 17, 1986 N.Y. App. Div. LEXIS 59891 (N.Y. Ct. App. 1986).

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Opinion

— Judgment unanimously reversed, on the law, petition granted, determination annulled [606]*606and all references thereto expunged from petitioner’s record.

Memorandum: Because the inmate behavior rules relied upon by the Commissioner in this disciplinary matter (see, 7 NYCRR part 270) "were not filed with the Secretary of State at the time of the alleged violations * * * the rules were of no effect whatever, and findings of guilt based on them must be vacated” (People ex rel. Roides v Smith, 67 NY2d 899, 901; see, Matter of Jones v Smith, 64 NY2d 1003). This argument may be raised for the first time on appeal (People ex rel. Roides v Smith, supra). (Appeal from judgment of Supreme Court, Cayuga County, Contiguglia, J., and art 78 proceeding transferred by said judgment.) Present — Dillon, P. J., Callahan, Denman, Green and Pine, JJ.

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— Judgment unanimously reversed, on the law, petition granted, determination annulled [606]*606and all references thereto expunged from petitioner’s record.

Memorandum: Because the inmate behavior rules relied upon by the Commissioner in this disciplinary matter (see, 7 NYCRR part 270) "were not filed with the Secretary of State at the time of the alleged violations * * * the rules were of no effect whatever, and findings of guilt based on them must be vacated” (People ex rel. Roides v Smith, 67 NY2d 899, 901; see, Matter of Jones v Smith, 64 NY2d 1003). This argument may be raised for the first time on appeal (People ex rel. Roides v Smith, supra). (Appeal from judgment of Supreme Court, Cayuga County, Contiguglia, J., and art 78 proceeding transferred by said judgment.) Present — Dillon, P. J., Callahan, Denman, Green and Pine, JJ.

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Bluebook (online)

122 A.D.2d 605, 505 N.Y.S.2d 17, 1986 N.Y. App. Div. LEXIS 59891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-coughlin-nyappdiv-1986.

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