Comfort v. Irvin, 197 A.D.2d 907 (N.Y. App. Div. 1993). · Go Syfert
Comfort v. Irvin, 197 A.D.2d 907 (N.Y. App. Div. 1993). Cases Citing This Book View Copy Cite
18 citation events (12 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Watson v. Annucci (nyappdiv, 2019-06-07)
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Watson v. Annucci
N.Y. App. Div. · 2019 · confidence medium
Moreover, that regulation is "directory only" ( Matter of Comfort v Irvin , 197 AD2d 907, 908 [4th Dept 1993], lv denied 82 NY2d 662 [1993]), and where, as here, there is no showing of prejudice resulting from the delay, the failure to complete the hearing in a timely manner does not warrant annulment of the determination ( see Matter of Rosales v Annucci , 151 AD3d 1748, 1749 [4th Dept 2017], lv denied 30 NY3d 902 [2017]; Matter of Dash v Goord , 255 AD2d 978, 978-979 [4th Dept 1998]).
discussed Cited as authority (rule) Matter of Shearer v. Annucci
N.Y. App. Div. · 2017 · confidence medium
Turning to petitioner’s contention that the hearing was not completed in a timely manner because two extensions were not authorized until after the prior extensions had expired by one day, we note that compliance with the regulatory time limits contained in 7 NYCRR 251-5.1 “is directory only and there is no indication of any substantive prejudice to petitioner resulting from the delay” (Matter of Comfort v Irvin, 197 AD2d 907, 908 [1993], lv denied 82 NY2d 662 [1993]; accord Matter of Mills v Annucci, 149 AD3d 1593, 1594 [2017]; see Matter of Bilbrew v Goord, 33 AD3d 1107, 1108 [2006]).
discussed Cited as authority (rule) Matter of Alston v. Annucci
N.Y. App. Div. · 2017 · confidence medium
“In any event, compliance with that regulation ‘is directory only and there is no indication of any substantive prejudice to petitioner resulting from the delay’ ” (Matter of Mills v Annucci, 149 AD3d 1593 , 1594 [2017], quoting Matter of Comfort v Irvin, 197 AD2d 907, 908 [1993], lv denied 82 NY2d 662 [1993]).
cited Cited as authority (rule) Mills v. Annucci
N.Y. App. Div. · 2017 · confidence medium
The record establishes, however, that the hearing was extended upon proper authorization (see id.; Matter of Comfort v Irvin, 197 AD2d 907, 907-908 [1993], lv denied 82 NY2d 662 [1993]).
cited Cited as authority (rule) Mills v. Annucci
N.Y. App. Div. · 2017 · confidence medium
The record establishes, however, that the hearing was extended upon proper authorization (see id.; Matter of Comfort v Irvin, 197 AD2d 907, 907-908 [1993], lv denied 82 NY2d 662 [1993]).
cited Cited as authority (rule) Mills v. Annucci
N.Y. App. Div. · 2017 · confidence medium
The record establishes, however, that the hearing was extended upon proper authorization (see id.; Matter of Comfort v Irvin, 197 AD2d 907, 907-908 [1993], lv denied 82 NY2d 662 [1993]).
Retrieving the full opinion text from the archive…
In the Matter of Paul Comfort
v.
Frank E. Irvin, as Superintendent of Wende Correctional Facility
Appellate Division of the Supreme Court of the State of New York.
Oct 1, 1993.
197 A.D.2d 907
Cited by 11 opinions  |  Published

—Determination unanimously confirmed and petition dismissed. Memorandum: We reject petitioner’s challenges to the reliability of the EMIT test. The correction officers who collected and tested petitioner’s urine sample reasonably complied with the regulations governing urinalysis testing (see, 7 NYCRR part 1020; Matter of Melette v Berry, 181 AD2d 950, 951, lv dismissed 80 NY2d 1022; Matter of Hop Wah v Coughlin, 153 AD2d 999, lv denied 75 NY2d 705), and nothing in the record suggests that there was any defect in the chain of custody (see, Matter of McGill v Coughlin, 182 AD2d 1103). The Hearing Officer was entitled to rely on the result of the EMIT test in finding petitioner guilty of violating rule 113.12 (7 NYCRR 270.2 [B] [14] [in]), prohibiting use of a controlled substance (see, Matter of Lahey v Kelly, 71 NY2d 135).

Although petitioner’s hearing was not completed within 14 days following the writing of the misbehavior report (see, 7 NYCRR 251-5.1 [b]), extensions were properly authorized by[*908] the Commissioner’s designee (see, Matter of Graham v Henderson, 158 AD2d 911). Further, the 14-day time limit is directory only and there is no indication of any substantive prejudice to petitioner resulting from the delay (see, Matter of Lugo v Coughlin, 182 AD2d 920; Matter of Rosado v Kuhlmann, 164 AD2d 199, lv denied 77 NY2d 806). (Article 78 Proceeding Transferred by Order of Supreme Court, Erie County, Flaherty, J.) Present—Green, J. P., Balio, Fallon, Doerr and Boehm, JJ.