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
| Court | Appellate Division, Third Department |
|---|---|
| Decided | September 3, 2026 |
| Citation | 2026 NY Slip Op 05219 |
| Area of law | Prison and Parole |
| Week | Week ending September 5, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05219 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 233 |
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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