MATTER OF DAWES v. COUGHLIN


83 N.Y.2d 597 (1994)

634 N.E.2d 938

612 N.Y.S.2d 337

In the Matter of Ian Dawes, Respondent, v. Thomas A. Coughlin, III, as Commissioner of the Department of Correctional Services, Appellant.

Court of Appeals of the State of New York.

Decided May 3, 1994.


Attorney(s) appearing for the Case

G. Oliver Koppell, Attorney-General, Albany (Martin A. Hotvet, Jerry Boone and Peter H. Schiff of counsel), for appellant.

Karen L. Murtagh-Monks, Albany, David C. Leven and Tom Terrizzi for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and LEVINE concur.


CIPARICK, J.

At issue in this case is whether respondent Commissioner possesses the authority to reconsider a prior determination when requested to do so by the petitioner inmate. We conclude that respondent acted properly in entertaining the supplementary appeal to petitioner's pro se administrative appeal and in granting the relief requested therein.

I

In January 1991, petitioner, a...

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