Smith v. Coughlin
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Franklin County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner has failed in his burden of proving that the Hearing Officer was not impartial by virtue of the manner in which he asked petitioner’s questions to the witnesses (see, Matter of Nieves v Coughlin, 157 AD2d 943, 944; Matter of Diaz v Coughlin, 143 AD2d 485). In any event, petitioner is not entitled to…
2Cases cited6 opinions
- Laureano v. KuhlmannNew York Court of Appeals · 1990
- Nieves v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1990
- Vogelsang v. CoombeNew York Court of Appeals · 1985
- Vogelsang v. CoombeAppellate Division of the Supreme Court of the State of New York · 1984
- Johnson v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1990
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Serra v. SelskyAppellate Division of the Supreme Court of the State of New York · 1996
- Moley v. SelskyAppellate Division of the Supreme Court of the State of New York · 1997
- Alamin v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1998
- Ray v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1996
- Benjamin Rivera v. KeaneAppellate Division of the Supreme Court of the State of New York · 1996
2 more not listed; retrieve them via the Exa API.