Persing v. Coughlin
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Boehm, J.
In annulling respondent’s determination that petitioner *147violated Inmate Rule 104.12 (7 NYCRR 270.2 [B] [5] [iii]), Supreme Court held that petitioner’s disciplinary hearing was not timely commenced as required under 7 NYCRR 251-5.1 (a).
7 NYCRR 251-5.1 (a) provides that, if an inmate is confined pending a disciplinary or superintendent’s hearing, "the hearing must be commenced as soon as is reasonably practicable following the inmate’s initial confinement * * * but, in no event may it be commenced beyond seven days of said confinement without authorization of the…
2Cases cited10 opinions
- Johnson v. JoyNew York Court of Appeals · 1979
- People ex rel. Roides v. SmithNew York Court of Appeals · 1986
- Mulligan v. LackeyAppellate Division of the Supreme Court of the State of New York · 1970
- Blake v. MannNew York Court of Appeals · 1989
- Afrika v. EdwardsAppellate Division of the Supreme Court of the State of New York · 1990
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- County of Niagara v. DainesAppellate Division of the Supreme Court of the State of New York · 2010
- Mahoney v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
- People v. MontanezCriminal Court of the City of New York · 1998
- Board of Education of the North Tonawanda City School District v. MillsAppellate Division of the Supreme Court of the State of New York · 1999
- Richey v. HammAppellate Division of the Supreme Court of the State of New York · 2010
2 more not listed; retrieve them via the Exa API.