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Appellate Division, Third Department · September 3, 2026 · 2026 NY Slip Op 05219

Matter of Cruz v Martuscello

Read the official decision: 2026 NY Slip Op 05219

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Holding The timeliness requirement for prison disciplinary hearings under Correction Law § 137 (6) (l) is directory rather than mandatory. Consequently, a petitioner must demonstrate substantial prejudice from the delay to obtain annulment of a disciplinary determination.

The court’s words

the language requiring that a hearing be completed no later than five days after an incarcerated individual is placed in SHU is directory, rather than mandatory

2026 NY Slip Op 05219, at the official text

Because the timeliness of the hearing is directory, petitioner must demonstrate that he was substantially prejudiced by the delay in order to obtain the relief of annulment that he now seeks

2026 NY Slip Op 05219, at the official text
CourtAppellate Division, Third Department
DecidedSeptember 3, 2026
Citation2026 NY Slip Op 05219
Area of lawPrison and Parole
WeekWeek ending September 5, 2026
Official textOfficial decision: 2026 NY Slip Op 05219
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id233

Recommended citation

ESQ HQ, New York Law Watch, Matter of Cruz v Martuscello, 2026 NY Slip Op 05219 (Appellate Division, Third Department, September 3, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05219/

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Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published September 3, 2026. Updated September 3, 2026.