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MATTER OF PERSING v. COUGHLIN

214 A.D.2d 145 (1995)

632 N.Y.S.2d 366

In the Matter of John Persing, Respondent, v. Thomas A. Coughlin, III, as Commissioner of The New York State Department of Correctional Services, Appellant

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

September 29, 1995

Attorney(s) appearing for the Case

Michael A. Battle, Buffalo (Mary Jo Young of counsel), for appellant.

Norman P. Effman, Attica (Jerry Ader of counsel), for respondent.

GREEN, J. P., LAWTON, CALLAHAN and BALIO, JJ., concur.

BOEHM, J.

In annulling respondent's determination that petitioner violated Inmate Rule 104.12 (7 NYCRR 270.2 [B] [5] [iii]), Supreme Court held that petitioner's disciplinary hearing was not timely commenced as required under 7 NYCRR 251-5.1 (a).

7 NYCRR 251-5.1 (a) provides that, if an inmate is confined pending a disciplinary or superintendent's hearing...

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