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MATTER OF RIVERA v. COUGHLIN

188 A.D.2d 725 (1992)

In the Matter of Juan A. Rivera, Appellant, v. Thomas A. Coughlin, Respondent

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

December 3, 1992

Petitioner challenges the promulgation of regulations imposing a surcharge upon a finding that an inmate is guilty of violating disciplinary rules after certain types of disciplinary proceedings. An administrative body promulgating such regulations acts in a legislative capacity (see, Matter of Timber Point Homes v County of Suffolk, 155 A.D.2d 671, 674). Prohibition is unavailable where, as here, the challenge is to an administrative...

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