From Casetext: Smarter Legal Research

Dawes v. Coughlin

Appellate Division of the Supreme Court of New York, Third Department
Sep 19, 1991
176 A.D.2d 415 (N.Y. App. Div. 1991)

Opinion

September 19, 1991

Appeal from the Supreme Court, Albany County (Prior Jr., J.).


Although petitioner argues to the contrary, the decision to exclude him from his disciplinary hearing was not arbitrary or capricious (see, Matter of Cortez v. Coughlin, 115 A.D.2d 841, affd 67 N.Y.2d 907). The Hearing Officer determined that the denial was required in order to promote "institutional safety or correctional goals" ( 7 NYCRR 254.6 [b]) and the record contains factual support for this determination (cf., Matter of Boodro v Coughlin, 142 A.D.2d 820). With respect to the issue of employee assistance, petitioner was given the opportunity to select such an assistant, failed to do so, and also refused to sign the form requesting such assistance. Therefore, his decision to proceed without an assistant was a circumstance of his own creation which did not amount to a deprivation of due process (see, Matter of Peart v. Kelly, 134 A.D.2d 843, lv denied 71 N.Y.2d 801). Petitioner's remaining contentions have been considered and rejected as lacking in merit.

Weiss, J.P., Mikoll, Yesawich Jr., Levine and Crew III, JJ., concur. Ordered that the judgment is affirmed, without costs.


Summaries of

Dawes v. Coughlin

Appellate Division of the Supreme Court of New York, Third Department
Sep 19, 1991
176 A.D.2d 415 (N.Y. App. Div. 1991)
Case details for

Dawes v. Coughlin

Case Details

Full title:In the Matter of IAN DAWES, Appellant, v. THOMAS A. COUGHLIN III, as…

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

Date published: Sep 19, 1991

Citations

176 A.D.2d 415 (N.Y. App. Div. 1991)
574 N.Y.S.2d 231

Citing Cases

Matter of Shapard v. Coombe

The assistance selection form, signed by petitioner, explains that in the event the inmate does not select…

Matter of Odom v. Goord

er's testimony differed from that of the correction officers and from the descriptions of the misconduct set…