Majority
p. 671The People of the State of New York ex rel. Carl De Fulmer, Appellant, v Charles Scully, as Superintendent of Green Haven Correctional Facility, Respondent.
p. 672
Respondent 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.
Cases cited
- Crudo v. Fogg 69 AD2d 902 p. 672
- Walls v. Scully 121 Misc 2d 698 p. 672