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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
CourtAppellate Division, Third Department
DecidedSeptember 24, 2026
Citation2026 NY Slip Op 05450
Area of lawPrison and Parole
WeekWeek ending September 26, 2026
Official textOfficial decision: 2026 NY Slip Op 05450
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id383
Related recordsMatter 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.

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Published September 24, 2026. Updated September 24, 2026.