Appellate Division, Third Department · September 24, 2026 · 2026 NY Slip Op 05450
Matter of Coleman v Martuscello
Read the official decision: 2026 NY Slip Op 05450
Holding The court affirmed the dismissal of the petition, holding that the regulatory time limits for prison disciplinary hearings are directory rather than mandatory. Consequently, the petitioner failed to demonstrate the substantial prejudice required to annul the disciplinary determination based on the delay in the hearing.
The court’s words
the language requiring that a hearing be completed no later than five days after an incarcerated individual is placed in prehearing segregated confinement remains directory
2026 NY Slip Op 05450, at the official text
petitioner must demonstrate that he was substantially prejudiced by the delay
2026 NY Slip Op 05450, at the official text
Inasmuch as petitioner has failed to make any attempt at a demonstration of prejudice, the brief delay does not warrant annulment
2026 NY Slip Op 05450, at the official text
| Court | Appellate Division, Third Department |
|---|---|
| Decided | September 24, 2026 |
| Citation | 2026 NY Slip Op 05450 |
| Area of law | Prison and Parole |
| Week | Week ending September 26, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05450 |
| 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 | 383 |
| Related records | Matter of Coleman v Martuscello, 2026 NY Slip Op 06048 |
Recommended citation
ESQ HQ, New York Law Watch, Matter of Coleman v Martuscello, 2026 NY Slip Op 05450 (Appellate Division, Third Department, September 24, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05450/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
Read how Law Watch works