MATTER OF GITTENS v. SULLIVAN


151 A.D.2d 481 (1989)

In the Matter of Darius Gittens, Appellant, v. James E. Sullivan, as Superintendent of Sing Sing Correctional Facility, et al., Respondents

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

June 5, 1989


Ordered that the judgment is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings consistent herewith.

Initially, we find that the petitioner's due process rights were not violated because his disciplinary hearing was not concluded within 14 days following the writing of the misbehavior report as required by 7 NYCRR 251-5.1. An extension of time was duly authorized, partly...

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