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MATTER OF AVILES v. SCULLY

154 A.D.2d 371 (1989)

In the Matter of Louis Aviles, Appellant, v. Charles J. Scully, as Superintendent of Green Haven Correctional Facility, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 2, 1989

Ordered that the judgment is affirmed, without costs or disbursements.

The petitioner failed to establish that the notice he received more than 24 hours prior to the commencement of the Superintendent's hearing was inadequate to inform him of the charges against him and to enable him to marshal his evidence and prepare a defense (see, Wolff v McDonnell, 418 U.S. 539, 564). Thus, his allegation that he was denied due process...

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