Moore v. Coughlin

Appellate Division of the Supreme Court of New York

Moore v. Coughlin

222 A.D.2d 943, 636 N.Y.S.2d 141, 1995 N.Y. App. Div. LEXIS 13781

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

DecidedDecember 28, 1995

StatusPublished

Cited by1 cases

This text of 222 A.D.2d 943 (Moore 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

Moore v. Coughlin, 222 A.D.2d 943, 636 N.Y.S.2d 141, 1995 N.Y. App. Div. LEXIS 13781 (N.Y. Ct. App. 1995).

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Opinion

—Appeal from a judgment of the Supreme Court (Torraca, J.), entered March 10, 1994 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Correctional Services finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was found guilty of violating prison disciplinary rules prohibiting inmates from assaulting prison officials, refusing a direct order and possessing a weapon and now raises a number of challenges to this administrative determination. Contrary to petitioner’s assertion, we find that the Hearing Officer conducted the hearing in a fair and impartial manner. We further find that petitioner was not prejudiced by the delay in the commencement and conclusion of the hearing. Accordingly, we reject petitioner’s claims that he was deprived of due process. Petitioner’s remaining contentions are either lacking in merit or have not been preserved for appellate review.

Cardona, P. J., Mercure, Crew III, Casey and Peters, JJ., concur. Ordered that the judgment is affirmed, without costs.

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—Appeal from a judgment of the Supreme Court (Torraca, J.), entered March 10, 1994 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Correctional Services finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was found guilty of violating prison disciplinary rules prohibiting inmates from assaulting prison officials, refusing a direct order and possessing a weapon and now raises a number of challenges to this administrative determination. Contrary to petitioner’s assertion, we find that the Hearing Officer conducted the hearing in a fair and impartial manner. We further find that petitioner was not prejudiced by the delay in the commencement and conclusion of the hearing. Accordingly, we reject petitioner’s claims that he was deprived of due process. Petitioner’s remaining contentions are either lacking in merit or have not been preserved for appellate review.

Cardona, P. J., Mercure, Crew III, Casey and Peters, JJ., concur. Ordered that the judgment is affirmed, without costs.

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Bluebook (online)

222 A.D.2d 943, 636 N.Y.S.2d 141, 1995 N.Y. App. Div. LEXIS 13781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-coughlin-nyappdiv-1995.

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