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Matter of Moody v. Coughlin

Appellate Division of the Supreme Court of New York, Third Department
Mar 30, 1995
213 A.D.2d 955 (N.Y. App. Div. 1995)

Opinion

March 30, 1995

Appeal from the Supreme Court, Albany County.


Petitioner, a prison inmate, raises various procedural challenges to his prison disciplinary hearing. Initially, we reject petitioner's contention that he was denied a complete set of hearing transcripts. The record reveals that while part of the hearing transcript was omitted from the documentation originally provided to petitioner, this oversight was subsequently remedied. Moreover, inasmuch as the disciplinary charges at issue pertained to petitioner's conduct toward two different correction officers, we reject petitioner's claim that the charges were redundant. Lastly, based on our review of the record, we find that the Hearing Officer was unbiased, acted within his discretion in refusing to admit a certain videotape into evidence and took meaningful steps to secure the presence of petitioner's witnesses.

Cardona, P.J., Crew III, White, Casey and Yesawich Jr., JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.


Summaries of

Matter of Moody v. Coughlin

Appellate Division of the Supreme Court of New York, Third Department
Mar 30, 1995
213 A.D.2d 955 (N.Y. App. Div. 1995)
Case details for

Matter of Moody v. Coughlin

Case Details

Full title:In the Matter of HAROLD MOODY, Petitioner, v. THOMAS A. COUGHLIN, III, as…

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

Date published: Mar 30, 1995

Citations

213 A.D.2d 955 (N.Y. App. Div. 1995)
624 N.Y.S.2d 978