Legal Opinion
Brooks v. Coughlin
Appellate Division of the Supreme Court of the State of New York
Decided April 24, 1992PublishedCited by 12 opinions
1Opinion of the Court
Determination unanimously *1116modified on the law and as modified confirmed and matter remitted to respondent Superintendent for further proceedings in accordance with the following Memorandum: Under the circumstances, it was error for the Hearing Officer to refuse to view the security surveillance videotape of the incident prior to making his determination at the Tier III disciplinary proceeding. Because of the severity of the charges lodged against petitioner and, in view of the fact that he has yet to serve the entire penalty imposed, a new hearing is the appropriate remedy (see, Matter of…
2Cases cited3 opinions
- People ex rel. Vega v. SmithNew York Court of Appeals · 1985
- Ligreci v. HonorsAppellate Division of the Supreme Court of the State of New York · 1991
- Dawson v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by12 opinions
- Whitt v. GoordAppellate Division of the Supreme Court of the State of New York · 1999
- Arvinger v. GoordAppellate Division of the Supreme Court of the State of New York · 1998
- Simmons v. GoordAppellate Division of the Supreme Court of the State of New York · 1998
- Robles v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1993
- Elliott v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2000
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