Citation Numbers: 175 A.D.2d 972, 573 N.Y.S.2d 777, 1991 N.Y. App. Div. LEXIS 11451
Filed Date: 8/29/1991
Status: Precedential
Modified Date: 10/31/2024
— Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Washington County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner’s confinement in the special housing unit was not due to the filing of the second misbehavior report; he was already in such confinement due to the filing of the first misbehavior report. Accordingly, the requirement that his disciplinary hearing on the second charge be commenced within seven days of his confinement was not applicable (see, 7 NYCRR 251-5.1 [a]; Matter of Maldonado v Coughlin, 150 AD2d 692) and compliance with the 14-day time period set
Mikoll, J. P., Levine, Mercure, Crew III and Harvey, JJ., concur. Adjudged that the determination is confirmed, and petition dismissed, without costs.