People ex rel. Fulmer v. Scully

110 A.D.2d 671, 487 N.Y.S.2d 401, 1985 N.Y. App. Div. LEXIS 48568

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: April 1, 1985
• Status: Published

Opinion

Respondent violated 7 NYCRR 251-5.1 by failing to commence a superintendent’s hearing within seven days of petitioner’s initial confinement to his cell. Moreover, petitioner’s due process rights were violated by respondent’s failure to provide him with a transcript of the superintendent’s hearing (see, Matter of Crudo v Fogg, 69 AD2d 902; Matter of Hurley v Ward, 61 AD2d 881; Matter of Walls v Scully, 121 Misc 2d 698; Matter of Lozada v Scully, 108 AD2d 859). Thompson, J. P., Bracken, O’Connor and Weinstein, JJ., concur.