Legal Opinion

Smith v. Coughlin

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

Decided May 14, 1992PublishedCited by 2 opinions

1Opinion of the Court

— 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.

Although petitioner contended at the hearing that he never received a copy of the State-wide manual on standards of inmate behavior (see, Correction Law § 138 [2], [5]), he admitted that upon entry to the prison facility he signed a slip stating that he had received a copy of the manual. This issue essentially presented a question of credibility and the…

2Cases cited3 opinions

  1. Perez v. WilmotNew York Court of Appeals · 1986
  2. Nieves v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1990
  3. Taylor v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by2 opinions

  1. Ross v. Department of Correction of the StateSuperior Court of Delaware · 1998
  2. Dallas v. BintzAppellate Division of the Supreme Court of the State of New York · 2003

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