From Casetext: Smarter Legal Research

Matter of Raqiyb v. Coughlin

Appellate Division of the Supreme Court of New York, Third Department
Sep 24, 1992
186 A.D.2d 328 (N.Y. App. Div. 1992)

Opinion

September 24, 1992

Appeal from the Supreme Court, Chemung County (Ellison, J.).


Petitioner's contention that he should have been afforded an attorney to represent him at the disciplinary hearing is meritless (see, Matter of Shaffer v Hoke, 174 A.D.2d 787). Similarly without merit is petitioner's argument that the regulations of the Department of Correctional Services are unconstitutional because of their failure to set forth a maximum penalty which can be imposed (see, Matter of Coleman v Kelly, 72 N.Y.2d 850). In addition, petitioner has failed to meet his burden of showing bias or prejudice on the part of the Hearing Officer and that the outcome of the hearing flowed from the alleged bias (see, Matter of McCoy v Leonardo, 175 A.D.2d 358; Matter of Nieves v Coughlin, 157 A.D.2d 943). We have considered petitioner's other arguments and find them to be without merit.

Levine, J.P., Mercure, Mahoney, Casey and Harvey, JJ., concur. Ordered that the judgment is affirmed, without costs.


Summaries of

Matter of Raqiyb v. Coughlin

Appellate Division of the Supreme Court of New York, Third Department
Sep 24, 1992
186 A.D.2d 328 (N.Y. App. Div. 1992)
Case details for

Matter of Raqiyb v. Coughlin

Case Details

Full title:In the Matter of HASAN RAQIYB, Appellant, v. THOMAS A. COUGHLIN, as…

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

Date published: Sep 24, 1992

Citations

186 A.D.2d 328 (N.Y. App. Div. 1992)

Citing Cases

Matter of Crandall v. Coughlin

The hearing was timely completed following the procurement of a valid extension ( see, 7 NYCRR 251-5.1 [b])…

Cowart v. Pico

There is no evidence that respondent considered anything outside of the record. Threats to remove petitioner…