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MATTER OF BAEZ v. COUGHLIN

205 A.D.2d 824 (1994)

615 N.Y.S.2d 300

In the Matter of Candido Baez, Petitioner, v. Thomas A. Coughlin, III, as Commissioner of The Department of Correctional Services, et al., Respondents

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

June 2, 1994

Contrary to petitioner's contention, his disciplinary hearing was timely commenced within seven days of his restrictive confinement as required by 7 NYCRR 251-5.1 (a). He also timely conferred with his assistant prior to the commencement of the hearing. The finding of guilt is supported by substantial evidence. The misbehavior report was authored by the correction officer who witnessed the incident, and at the hearing the officer confirmed what he wrote in the report. Petitioner...

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