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MATTER OF CAVIANO v. STINSON

209 A.D.2d 807 (1994)

618 N.Y.S.2d 602

In the Matter of Sean Caviano, Petitioner, v. James Stinson, as Superintendent of Great Meadow Correctional Facility, et al., Respondents

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

November 10, 1994

Contrary to petitioner's assertions, his disciplinary hearing was commenced within seven days of his being confined to his cell as mandated by 7 NYCRR 251-5.1 (a). The period of his hospitalization is not considered as part of the period of confinement. In addition, the hearing was also conducted within 14 days of the writing of the misbehavior report and therefore the requirements of 7 NYCRR 251-5.1 (b) were also satisfied. As to petitioner's claim that the chain of custody...

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