Dawson v. Coughlin
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Determination unanimously annulled on the law and matter remitted to respondent Superintendent for a new hearing. Memorandum: In this CPLR article 78 proceeding in which petitioner challenges a prison disciplinary determination finding that he carried out a contract "hit” by fatally stabbing another inmate, respondents concede that procedural defects in the conduct of the hearing require us to annul the determination. The primary issue for our resolution is whether a rehearing is appropriate, as respondents contend, or barred, as petitioner asserts.
We conclude that the confidential…
2Cases cited6 opinions
- Bryant v. CoughlinNew York Court of Appeals · 1991
- Laureano v. KuhlmannNew York Court of Appeals · 1990
- Hartje v. CoughlinNew York Court of Appeals · 1987
- Gross v. HendersonAppellate Division of the Supreme Court of the State of New York · 1981
- Shipman v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1983
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3Cited by5 opinions
- Brooks v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1992
- Marciano v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
- Tifer v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1995
- Arroyo v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1992
- People ex rel. Furde v. New York City Department of CorrectionNew York Supreme Court · 2005