Hakeem v. Coughlin

Appellate Division of the Supreme Court of New York

Hakeem v. Coughlin

205 A.D.2d 816, 615 N.Y.S.2d 302, 1994 N.Y. App. Div. LEXIS 5817

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

DecidedJune 2, 1994

StatusPublished

This text of 205 A.D.2d 816 (Hakeem 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

Hakeem v. Coughlin, 205 A.D.2d 816, 615 N.Y.S.2d 302, 1994 N.Y. App. Div. LEXIS 5817 (N.Y. Ct. App. 1994).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Sullivan County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Upon review of the record, we find that there is substantial evidence to support the determination finding petitioner guilty of using a controlled substance. Contrary to petitioner’s assertions, an adequate foundation was laid for the introduction of the positive urinalysis test results at the hearing. Petitioner’s remaining claims, including his contentions that his right to call witnesses was abridged, that the Hearing Officer was biased and that his hearing was untimely, have been examined and found to be unpersuasive.

Cardona, P. J., Mikoll, White, Weiss and Peters, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Sullivan County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Upon review of the record, we find that there is substantial evidence to support the determination finding petitioner guilty of using a controlled substance. Contrary to petitioner’s assertions, an adequate foundation was laid for the introduction of the positive urinalysis test results at the hearing. Petitioner’s remaining claims, including his contentions that his right to call witnesses was abridged, that the Hearing Officer was biased and that his hearing was untimely, have been examined and found to be unpersuasive.

Cardona, P. J., Mikoll, White, Weiss and Peters, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

205 A.D.2d 816, 615 N.Y.S.2d 302, 1994 N.Y. App. Div. LEXIS 5817, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hakeem-v-coughlin-nyappdiv-1994.