Raqiyb v. Coughlin
Opinion of the Court
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.
It is true that petitioner was permitted out of his cell at the time period in question due to his status as a liaison representative. This permission, however, did not excuse his disobedience of a direct order (see, Matter of Rivera v Smith, 63 NY2d 501, 515-516). We also reject the contention that petitioner’s hearing was untimely insofar as it was completed within the 14-day time period set forth in 7 NYCRR 251-5.1 (b) (see, Matter of Young v Coughlin, 144 AD2d 753, appeal dismissed
Mahoney, P. J., Casey, Levine, Mercure and Harvey, JJ., concur. Adjudged that the determination is confirmed, and petition dismissed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.