Legal Opinion

Persing v. Coughlin

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

Decided September 29, 1995PublishedCited by 7 opinions

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

  1. Johnson v. JoyNew York Court of Appeals · 1979
  2. People ex rel. Roides v. SmithNew York Court of Appeals · 1986
  3. Mulligan v. LackeyAppellate Division of the Supreme Court of the State of New York · 1970
  4. Blake v. MannNew York Court of Appeals · 1989
  5. Afrika v. EdwardsAppellate Division of the Supreme Court of the State of New York · 1990

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3Cited by7 opinions

  1. County of Niagara v. DainesAppellate Division of the Supreme Court of the State of New York · 2010
  2. Mahoney v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
  3. People v. MontanezCriminal Court of the City of New York · 1998
  4. Board of Education of the North Tonawanda City School District v. MillsAppellate Division of the Supreme Court of the State of New York · 1999
  5. 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.

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