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Matter of Coleman v. Kelly

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 27, 1988
143 A.D.2d 539 (N.Y. App. Div. 1988)

Opinion

September 27, 1988

Appeal from the Supreme Court, Wyoming County, Dadd, J.

Present — Dillon, P.J., Callahan, Denman, Balio and Lawton, JJ.


Judgment unanimously affirmed. Memorandum: The Hearing Officer determined that it would jeopardize institutional safety and correctional goals to transport four inmate witnesses from one correctional facility to another to testify at petitioner's disciplinary hearing; therefore, the Hearing Officer interviewed the witnesses when petitioner was not present. The Hearing Officer's determination had a rational basis and complied with the applicable regulation (see, 7 NYCRR 254.5; People ex rel. Bradley v Smith, 115 A.D.2d 225, lv denied 67 N.Y.2d 604).

Petitioner was found guilty of four separate assaults upon correctional officers as well as unhygienic conduct, threats upon correctional officers, and the refusal to obey a direct order. In light of petitioner's lengthy institutional record of serious violations of inmate rules, the imposition of a penalty of 720 days' continuous confinement in special housing and loss of good time credits for two years was not so disproportionate as to shock one's sense of fairness (Matter of Pell v Board of Educ., 34 N.Y.2d 222).

Petitioner's remaining claim lacks merit (Matter of Coleman v Kelly, 130 A.D.2d 976, affd 72 N.Y.2d 850).


Summaries of

Matter of Coleman v. Kelly

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 27, 1988
143 A.D.2d 539 (N.Y. App. Div. 1988)
Case details for

Matter of Coleman v. Kelly

Case Details

Full title:In the Matter of COLE COLEMAN, Appellant, v. WALTER J. KELLY, as…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Sep 27, 1988

Citations

143 A.D.2d 539 (N.Y. App. Div. 1988)

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