Anderson v. Coughlin

Judgment unanimously affirmed. Memorandum: Petitioner was confined on September 18, 1991. A misbehavior report was served on him on September 23rd charging telephone abuse on and after August 24, 1991. A hearing was commenced on September 27th; when he challenged the timeliness of the hearing (see, 7 NYCRR 251-5.1 [a]), it was adjourned. He was served with a superseding misbehavior report charging telephone abuse and several drug-related violations on July 28, 1991 and "subsequent dates in this investigation.” On October 4th a request was made for an extension of time to commence the hearing…