110 A.D.2d 981 | N.Y. App. Div. | 1985
We reject petitioner’s initial contention that the Superintendent’s proceeding was impermissibly delayed beyond the seven-day rule (7 NYCRR 251-5.1; see, Matter of Peterson v LeFevre, 85 AD2d 874; Matter of Johnson v Smith, 83 AD2d 721). Petitioner was not placed in confinement akin to “special housing” or “keeplock” such that he was segregated in a manner significantly restricting his liberty beyond that of inmates in the general prison population. Hence, the time limitation was not triggered (see, Matter of Estades v Coughlin, 101 AD2d 299). Since the Superintendent’s proceeding was commenced within a reasonable time after service of the charges, petitioner’s due process rights were not violated.
Nor was petitioner necessarily entitled to copies of the urinalysis test documents before the hearing (see, Baxter v Palmigiano, 425 US 308, 322-323, n 5). In any event, since he did not request these documents until the hearing was concluded and punishment imposed, any objection on that ground was effectively
Judgment affirmed, without costs. Mahoney, P. J., Main, Weiss, Yesawich, Jr., and Levine, JJ., concur.