Legal Opinion

Garcia v. Coughlin

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

Decided December 29, 1993Published

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: Petitioner appeals from a judgment denying his CPLR article 78 petition challenging a prison disciplinary determination finding him guilty of assaulting another inmate. Petitioner contends that his rehearing was not conducted in a timely manner, and that the Hearing Officer’s reliance on confidential information to support the finding of guilt was improper because the Hearing Officer failed to state on the record how he became aware of such confidential information.

The rehearing was timely commenced and concluded, i.e., within seven days and 14 days,…

2Cases cited2 opinions

  1. Carter v. KellyAppellate Division of the Supreme Court of the State of New York · 1990
  2. Cappello v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1991

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