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Matter of Giano v. Coughlin

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 22, 1990
162 A.D.2d 986 (N.Y. App. Div. 1990)

Opinion

June 22, 1990

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

Present — Doerr, J.P., Boomer, Green, Pine and Lowery, JJ.


Determination unanimously confirmed and petition dismissed. Memorandum: Although the legal issues petitioner raises could have been decided by Supreme Court in the first instance, we may properly retain jurisdiction and decide the case on the merits (see, Matter of Portugal v. Webb, 91 A.D.2d 997, 998). There is no merit to petitioner's claim that the hearing to determine whether he was properly confined in administrative segregation was untimely commenced. There is no time limit prescribed by law for such a hearing (see, Matter of Young v. Coughlin, 144 A.D.2d 753, lv dismissed 74 N.Y.2d 625, rearg denied 74 N.Y.2d 792; cf., 7 NYCRR 251-5.1 [a]) and the hearing was held within a reasonable time and only six days after petitioner received the administrative segregation report. We have reviewed the other issues raised by petitioner and find them lacking in merit.


Summaries of

Matter of Giano v. Coughlin

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 22, 1990
162 A.D.2d 986 (N.Y. App. Div. 1990)
Case details for

Matter of Giano v. Coughlin

Case Details

Full title:In the Matter of JULIO GIANO, Petitioner, v. THOMAS COUGHLIN, as…

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

Date published: Jun 22, 1990

Citations

162 A.D.2d 986 (N.Y. App. Div. 1990)

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