Nelson v. Coughlin
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Determination unanimously confirmed and petition dismissed. Memorandum: In this CPLR article 78 proceeding, petitioner challenges the determination, following a Tier III prison disciplinary hearing, finding him guilty of creating a disturbance, verbal harassment and making threats. The charges were based on a misbehavior report authored by a deputy superintendent. The Hearing Officer, a lieutenant, is a subordinate of the deputy superintendent. Petitioner argues that, because of that relationship, he was denied his constitutional right to a hearing before a fair and impartial Hearing Officer.…
2Cases cited9 opinions
- Withrow v. LarkinSupreme Court of the United States · 1975
- People ex rel. Vega v. SmithNew York Court of Appeals · 1985
- Watergate II Apartments v. Buffalo Sewer AuthorityNew York Court of Appeals · 1978
- Young Men's Christian Ass'n v. Rochester Pure Waters DistrictNew York Court of Appeals · 1975
- Hodges v. ScullyAppellate Division of the Supreme Court of the State of New York · 1988
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3Cited by85 opinions
- Colon v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Nawaz v. State UniversityAppellate Division of the Supreme Court of the State of New York · 2002
- Michalak v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2001
- Nicholas v. SchriverAppellate Division of the Supreme Court of the State of New York · 1999
- Britt v. EvansAppellate Division of the Supreme Court of the State of New York · 2012
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