Early v. Coughlin

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner was charged with providing legal assistance without prior approval of the Superintendent or designee in violation of inmate rule 180.17 (7 NYCRR 270.2 [B] [26] [vii]). Contrary to respondent’s assertion, the record before us fails to support the Hearing Officer’s finding that the legal assistance provided by petitioner was unauthorized. Although…