From Casetext: Smarter Legal Research

Matter of Rivera v. Coughlin

Appellate Division of the Supreme Court of New York, Third Department
Dec 1, 1994
210 A.D.2d 543 (N.Y. App. Div. 1994)

Opinion

December 1, 1994

Appeal from the Supreme Court, Franklin County.


In this CPLR article 78 proceeding, petitioner seeks annulment of a determination which, at the conclusion of a tier III hearing, found him guilty of violating a prison rule which prohibits inmates from providing legal assistance without authorization. The misbehavior report served on petitioner contains a correction officer's first-hand statement that petitioner, while working in the prison's law library, wrote an unsolicited, unauthorized letter to the FBI requesting assistance on behalf of another inmate.

The correction officer who authored the misbehavior report and the inmate on whose behalf the letter was written both testified at the hearing. The correction officer testified that he had given petitioner permission to type the other inmate's administrative appeal but had not authorized the preparation and mailing of the letter to the FBI. The inmate testified that he had no knowledge that petitioner was sending the letter to the FBI on his behalf. This testimony supplies substantial evidence for the finding of a violation of the rule which prohibits inmates from providing legal assistance without authorization. In defense, petitioner relied on a directive which permits inmate law clerks to provide legal assistance to other inmates. This reliance is misplaced for the directive provides that the approval of the law librarian administrator or Superintendent must be obtained when such assistance is being provided. Without such approval, the assistance is unauthorized. Petitioner's claim is meritless and the determination should be confirmed.

Cardona, P.J., Mercure, Crew III and Peters, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.


Summaries of

Matter of Rivera v. Coughlin

Appellate Division of the Supreme Court of New York, Third Department
Dec 1, 1994
210 A.D.2d 543 (N.Y. App. Div. 1994)
Case details for

Matter of Rivera v. Coughlin

Case Details

Full title:In the Matter of GEORGE RIVERA, Petitioner, v. THOMAS COUGHLIN, as…

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

Date published: Dec 1, 1994

Citations

210 A.D.2d 543 (N.Y. App. Div. 1994)
620 N.Y.S.2d 505

Citing Cases

Matter of Hendrix v. Williams

Petitioner's receipt of correspondence from another inmate's aunt does not violate any of the policies and…

Matter of Cliff v. Tedford

The Supervisor confirmed that inmates offering legal assistance to others must complete a weekly log sheet,…