Legal Opinion

Aballe v. Coughlin

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

Decided June 9, 1995PublishedCited by 5 opinions

1Opinion of the Court

Determination unanimously confirmed without costs and petition dismissed. Memorandum: Petitioner commenced this CPLR article 78 proceeding to annul a determination of guilt for possession of contraband made following a Tier III disciplinary hearing. Petitioner argues that the inmate rule concerning contraband is unconstitutionally vague because it imparts no notice that items such as his paperwork concerning membership in the Latin Kings would be deemed contraband. An inmate rule is not unconstitutionally vague if it "inform[s] a reasonable man 'of the nature of the offense prohibited and…

2Cases cited2 opinions

  1. People v. MillerAppellate Division of the Supreme Court of the State of New York · 1984
  2. Price v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1993

3Cited by5 opinions

  1. Mitchell v. FischerAppellate Division of the Supreme Court of the State of New York · 2002
  2. Rodriguez v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1995
  3. Envirotech of America, Inc. v. DadeyAppellate Division of the Supreme Court of the State of New York · 1996
  4. Robinson v. HerbertAppellate Division of the Supreme Court of the State of New York · 1998
  5. Rodriguez v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1995

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