Legal Opinion
Benitez v. Coughlin
Appellate Division of the Supreme Court of the State of New York
Decided March 16, 1990PublishedCited by 4 opinions
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: In this CPLR article 78 proceeding, petitioner challenges a determination made following a Tier III prison disciplinary hearing finding him guilty of assault and disobeying direct orders. He contends that he was denied due process because the disciplinary hearing was not conducted by a "neutral and detached” Hearing Officer (see, Morrissey v Brewer, 408 US 471).
The charges against petitioner were set forth in two inmate misbehavior reports filed by Correction Officers Beats and Cortwright concerning incidents that occurred on May 11, 1988. The…
2Cases cited7 opinions
- Morrissey v. BrewerSupreme Court of the United States · 1972
- 1616 Second Avenue Restaurant, Inc. v. New York State Liquor AuthorityNew York Court of Appeals · 1990
- Grant v. SenkowskiAppellate Division of the Supreme Court of the State of New York · 1989
- Samuels v. KellyAppellate Division of the Supreme Court of the State of New York · 1988
- People ex rel. Pyclik v. SmithAppellate Division of the Supreme Court of the State of New York · 1981
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Rivera v. MannAppellate Division of the Supreme Court of the State of New York · 1996
- Acevedo v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1992
- Amezquita v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1991
- James v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1991