MATTER OF POWELL v. COUGHLIN


217 A.D.2d 774 (1995)

629 N.Y.S.2d 503

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

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

July 13, 1995


Petitioner, a prison inmate, was found guilty of violating a prison disciplinary rule prohibiting inmates from possessing controlled substances. He claims that this determination should be annulled and the disciplinary hearing expunged from his record because the determination was not issued within 60 days of the Commissioner's receipt of the appeal as required by 7 NYCRR 254.8. Because the subject regulation merely provides for a time limit and does not specify any limitation...

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