Martin v. Coughlin, 173 A.D.2d 1039 (N.Y. App. Div. 1991). · Go Syfert
Martin v. Coughlin, 173 A.D.2d 1039 (N.Y. App. Div. 1991). Cases Citing This Book View Copy Cite
12 citation events (4 in the last 25 years) across 1 distinct court.
Strongest positive: McDuffy v. Fischer (nyappdiv, 2013-06-13)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) McDuffy v. Fischer
N.Y. App. Div. · 2013 · confidence medium
Insofar as the misbehavior report failed to set forth precise times and dates of the sexual acts, “greater detail may not always be possible if it is necessary to keep the information confidential” (Matter of Martin v Coughlin, 173 AD2d 1039, 1040 [1991]).
discussed Cited as authority (rule) McDuffy v. Fischer
N.Y. App. Div. · 2013 · confidence medium
Insofar as the misbehavior report failed to set forth precise times and dates of the sexual acts, “greater detail may not always be possible if it is necessary to keep the information confidential” (Matter of Martin v Coughlin, 173 AD2d 1039, 1040 [1991]).
discussed Cited as authority (rule) Fernandez v. Goord
N.Y. App. Div. · 2003 · confidence medium
Under the circumstances of this case, more specific allegations could have jeopardized the safety of the confidential informants (see Matter of Encarnacion v Ricks, 289 AD2d 625 , 626 [2001], lv denied 97 NY2d 613 [2002]) and, in any event, the acts of misconduct were described with sufficient particularity to satisfy the regulatory requirements (see 7 NYCRR 251-3.1) and to afford petitioner the means of defending against them (see Matter of Mays v Goord, 285 AD2d 847, 848 [2001], lv denied 97 NY2d 603 [2001]; Matter of Martin v Coughlin, supra at 1039).
discussed Cited "see, e.g." Butler v. Coughlin
N.Y. App. Div. · 1993 · signal: see also · confidence low
Furthermore, there is no merit to petitioner’s contention that the misbehavior report failed to provide him with adequate notice of the charges against him (see, Matter of Morales v Senkowski, 165 AD2d 393, 395 ; see also, Matter of Martin v Coughlin, 173 AD2d 1039 ; Matter of Vogelsang v Coombe, 105 AD2d 913 , affd 66 NY2d 835 ) or that he was denied adequate employee assistance (see, Matter of Santiago v Hoke, supra, at 980).
Retrieving the full opinion text from the archive…
In the Matter of Ronald Martin
v.
Thomas A. Coughlin III, as Commissioner of the New York State Department of Correctional Services
Appellate Division of the Supreme Court of the State of New York.
May 16, 1991.
173 A.D.2d 1039
Cited by 11 opinions  |  Published

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Clinton County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

In this proceeding, petitioner challenges the determination finding him guilty of possessing and distributing drugs primarily on the ground that the Hearing Officer failed to make his own assessment of the confidential informants’ credibility. However, the Hearing Officer personally interviewed one of the informants and the record establishes that this informant’s testimony was sufficiently detailed to allow the Hear[*1040] ing Officer to assess his credibility and to form a basis for the finding of guilt (see, Matter of McClean v LeFevre, 142 AD2d 911; Matter of Harris v Coughlin, 116 AD2d 896, lv denied 67 NY2d 610, 1047). Furthermore, while the misbehavior report did not set forth the precise time and date of petitioner’s drug transactions, it was more than adequate to inform petitioner of the specific charge against him to enable him to prepare a defense (see, Matter of Vogelsang v Coombe, 105 AD2d 913, affd 66 NY2d 835). As we have previously noted, greater detail may not always be possible if it is necessary to keep the information confidential to protect security interests (see, Matter of Bryant v Mann, 160 AD2d 1086, lv denied 76 NY2d 706). Here, any more detail could have disclosed the identity of the informant. Petitioner’s remaining contentions have been considered and found to be lacking in merit.

Determination confirmed, and petition dismissed, without costs. Mahoney, P. J., Casey, Weiss, Yesawich, Jr., and Harvey, JJ., concur.