Appellate Division of the Supreme Court of New York, 1985

People ex rel. Fulmer v. Scully

People ex rel. Fulmer v. Scully
Appellate Division of the Supreme Court of New York · Decided April 1, 1985
110 A.D.2d 671; 487 N.Y.S.2d 401; 1985 N.Y. App. Div. LEXIS 48568
People ex rel. Fulmer v. Scully

Opinion of the Court

*672Respondent violated 7 NYCRR 251-5.1 by failing to commence a superintendent’s hearing within seven days of petitioner’s initial confinement to his cell. Moreover, petitioner’s due process rights were violated by respondent’s failure to provide him with a transcript of the superintendent’s hearing (see, Matter of Crudo v Fogg, 69 AD2d 902; Matter of Hurley v Ward, 61 AD2d 881; Matter of Walls v Scully, 121 Misc 2d 698; Matter of Lozada v Scully, 108 AD2d 859). Thompson, J. P., Bracken, O’Connor and Weinstein, JJ., concur.

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