Legal Opinion
Rivera v. Coughlin
Appellate Division of the Supreme Court of the State of New York
Decided January 30, 1992PublishedCited by 5 opinions
1Opinion of the Court
Petitioner claims that the Hearing Officer improperly failed to investigate the fight which led to the charges against him and to review the misbehavior reports issued to other inmates involved in the incident. Petitioner never objected, however, to the procedure at the hearing at a time when any error could have been corrected; he is therefore precluded from raising the issue before this court (see, Matter of Finn v Leonardo, 160 AD2d 1074). In any event, petitioner declined to testify, to answer the Hearing Officer’s questions or to call any witnesses. He also waived any assistance.…
2Cases cited4 opinions
- Foster v. CoughlinNew York Court of Appeals · 1990
- Bernacet v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1988
- Finn v. LeonardoAppellate Division of the Supreme Court of the State of New York · 1990
- Jackson v. LeFevreAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by5 opinions
- Campanale v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1995
- Hardwick v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1992
- Pitsley v. SenkowskiAppellate Division of the Supreme Court of the State of New York · 1997
- Lopez v. LeonardoAppellate Division of the Supreme Court of the State of New York · 1993
- Matter of Robinson v. MartuscelloAppellate Division of the Supreme Court of the State of New York · 2025