Miller v. State of New York, 2017 NY Slip Op 8762 (N.Y. App. Div. 2017). · Go Syfert
Miller v. State of New York, 2017 NY Slip Op 8762 (N.Y. App. Div. 2017). Cases Citing This Book View Copy Cite
10 citation events (10 in the last 25 years) across 2 distinct courts.
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) Padilla v. State of New York (2×)
nyclaimsct · 2025 · confidence medium
However, our appellate courts have consistently held that, without a showing that the delay caused prejudice in the proceedings, the time limits outlined in the regulations are "directory" rather than "mandatory." ( See, e.g. , Miller v State of New York, 156 AD3d 1067, 1067 [3d Dept 2017]; Davidson v State of New York , 66 AD3d 1089, 1090 [3d Dept 2009].) Although the caselaw offers limited insight into what constitutes prejudice, the Court, in reliance on Miller v State of New York , concludes that there are two ways to establish prejudice.
discussed Cited as authority (rule) Padilla v. State of New York (2×)
nyclaimsct · 2025 · confidence medium
However, our appellate courts have consistently held that, without a showing that the delay caused prejudice in the proceedings, the time limits outlined in the regulations are "directory" rather than "mandatory." ( See, e.g. , Miller v State of New York, 156 AD3d 1067, 1067 [3d Dept 2017]; Davidson v State of New York , 66 AD3d 1089, 1090 [3d Dept 2009].) Although the caselaw offers limited insight into what constitutes prejudice, the Court, in reliance on Miller v State of New York , concludes that there are two ways to establish prejudice.
discussed Cited as authority (rule) Encarnacion v. State of New York
N.Y. App. Div. · 2022 · confidence medium
Moreover, notwithstanding the procedural defect in the motion, the Court of Claims properly found that claimant did not make a prima facie showing of his entitlement to summary judgment. "[T]he case law makes clear that the actions of correctional facility employees with respect to inmate discipline matters are quasi-judicial in nature and, unless the employees exceed the scope of their authority or violate the governing statutes and regulations, defendant has absolute immunity for those actions" ( Diaz v State of New York , 155 AD3d 1279 , 1280 [2017] [internal quotation marks, brackets and c…
discussed Cited as authority (rule) Moreland v. State of New York
N.Y. App. Div. · 2021 · confidence medium
To the extent that claimant asserts that defendant violated its regulations governing urinalysis testing, this Court has held that this type of claim does not constitute a due process violation and cannot serve as the basis for a wrongful confinement cause of action ( see Ramirez v State of New York , 175 AD3d 1635 , 1638 [2019], lv denied 35 NY3d 902 [2020]; Miller v State of New York , 156 AD3d 1067, 1068 [2017]).
discussed Cited as authority (rule) Ramirez v. State of New York
N.Y. App. Div. · 2019 · confidence medium
It is well settled that the "actions of correctional facility employees with respect to inmate discipline matters are quasi-judicial in nature and, unless the employees exceed the scope of their authority or violate the governing statutes and regulations, defendant has absolute immunity for those actions" ( Miller v State of New York , 156 AD3d 1067, 1067 [2017] [internal quotation marks and citation omitted]; see Loret v State of New York , 106 AD3d 1159, 1159 [2013], lv denied 22 NY3d 852 [2013]; see also Arteaga v State of New York , 72 NY2d 212, 218-220 [1988]).
discussed Cited as authority (rule) Matter of Ayuso v. Venettozzi
N.Y. App. Div. · 2018 · confidence medium
In any event, the "time requirements . . . are directory, not mandatory, and an inmate must demonstrate prejudice as a result of any delay prior to the commencement of such a hearing" ( Miller v State of New York , 156 AD3d 1067, 1067 [2017] [internal quotation marks and citation omitted]).
discussed Cited "see, e.g." Finch v. Erie Ins. Co.
N.Y. App. Div. · 2022 · signal: compare · confidence medium
Thus, under the circumstances of this case, we "cannot consider [plaintiff's] request for affirmative relief that is '[un]necessary to accord full relief to a party who has appealed'" ( Champlain Gas & Oil, LLC v People of the State of New York , 185 AD3d 1192, 1195 [3d Dept 2020] [ellipsis omitted], quoting Hecht v City of New York , 60 NY2d 57, 60 [1983]; see Weimer v City of Johnstown , 249 AD2d 608, 611 [3d Dept 1998]; compare Miller v State of New York , 156 AD3d 1067, 1068 [3d Dept 2017]).
Retrieving the full opinion text from the archive…
Quashon Miller, Appellant,
v.
State of New York, Respondent
523325.
Appellate Division of the Supreme Court of the State of New York.
Dec 14, 2017.
2017 NY Slip Op 8762
Pritzker, Garry, Lynch, Clark, Aarons.
Cited by 8 opinions  |  Published
Pritzker, J.

Appeal from an order of the Court of Claims (McCarthy, J.), entered April 18, 2016 which, among other things, denied claimant’s motion for summary judgment.

Claimant, a prison inmate, was keeplocked after his urine twice tested positive for the presence of cannabinoids and, following a prison disciplinary hearing, was found guilty of drug use. The Hearing Officer imposed a penalty of, among other things, three months in keeplock. On administrative appeal, the determination was reversed on the ground that the hearing was not commenced in a timely manner. Thereafter, claimant, who had spent 76 days in keeplock, commenced this action for monetary damages for his alleged wrongful confinement. Following joinder of issue, claimant moved for summary judgment and defendant cross-moved for summary judgment. The Court of Claims, finding that a question of fact existed as to when the hearing was commenced, denied both motions. Claimant appeals.

The Court of Claims did not err in finding that claimant failed to make a prima facie showing of his entitlement to judgment as a matter of law. It is well-settled “that actions of correctional facility employees with respect to inmate discipline matters are quasi-judicial in nature and, unless the employees exceed the scope of their authority or violate the governing statutes and regulations, defendant has absolute immunity for those actions” (Davidson v State of New York, 66 AD3d 1089, 1090 [2009] [internal quotation marks, brackets and citation omitted]; see Arteaga v State of New York, 72 NY2d 212, 214 [1988]). Although 7 NYCRR 251-5.1 (a) directs that a disciplinary hearing should be held within seven days of an inmate’s confinement, such “time requirements . . . are directory, not mandatory, and an inmate must demonstrate prejudice as a result of any delay prior to the commencement of such a hearing” (Davidson v State of New York, 66 AD3d at 1090).

Here, even assuming that the hearing was delayed by one day, claimant failed to establish any prejudice as a result of the delay or that, but for the delay, the outcome of the hearing would have been different such that a cause of action based upon the violation of the pertinent regulation was deemed to occur (see Bottom v State of New York, 142 AD3d 1314, 1316 [2016], appeal dismissed 28 NY3d 1177 [2017]; Davidson v State of New York, 66 AD3d at 1090). In other words, defendant retained its immunity absent a showing of prejudice resulting from the alleged delay in conducting the hearing. To the extent that claimant asserts that drug testing directives were violated, they do not relate to the due process concerns of the hearing and do not serve as a basis for the wrongful confinement cause of action. In view of the foregoing, we agree with defendant that, based upon its absolute immunity, its cross motion for summary judgment should have been granted * and the claim should be dismissed in its entirety.

Garry, J.P., Lynch, Clark and Aarons, JJ., concur.

Ordered that the order is modified, on the law, without costs, by reversing so much thereof as denied defendant’s cross motion; cross motion granted, summary judgment awarded to defendant and claim dismissed; and, as so modified, affirmed.

*

Even though defendant did not appeal, this Court has the “authority to search the record and grant summary judgment to a nonmoving or nonap-pealing party” (Matter of Shambo, 138 AD3d 1215, 1216 [2016]; see Oppenheimer v State of New York, 152 AD3d 1006, 1009 [2017]).