Giano v. Coughlin

Determination unanimously confirmed and petition dismissed. Memorandum: Although the legal issues petitioner raises could have been decided by Supreme Court in the first instance, we may properly retain jurisdiction and decide the case on the merits (see, Matter of Portugal v Webb, 91 AD2d 997, 998). There is no merit to petitioner’s claim that the hearing to determine whether he was properly confined in administrative segregation was untimely commenced. There is no time limit prescribed by law *987for such a hearing (see, Matter of Young v Coughlin, 144 AD2d 753, Iv dismissed 74 NY2d 625, rearg…