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Appellate Division, Third Department · March 5, 2026 · 252 AD3d 54

GUERRERO v MARTUSCELLO

Read the official decision: 252 AD3d 54

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Holding The five-day time limit for completing a disciplinary hearing after prehearing segregated confinement under the HALT Act is directory rather than mandatory. Consequently, the petitioner was required to preserve the timeliness claim by raising it at the hearing and demonstrating substantial prejudice, which he failed to do.

The court’s words

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

252 AD3d 54, at the official text

Petitioner’s failure to challenge the timeliness of the hearing therefore renders his contention unpreserved

252 AD3d 54, at the official text
CourtAppellate Division, Third Department
DecidedMarch 5, 2026
Citation252 AD3d 54
Area of lawPrison and Parole · Administrative Law
WeekWeek ending March 7, 2026
Official textOfficial decision: 252 AD3d 54
Source feedNew York advance sheet: 26nyadv39.pdf
Law Watch record id800

Recommended citation

ESQ HQ, New York Law Watch, GUERRERO v MARTUSCELLO, 252 AD3d 54 (Appellate Division, Third Department, March 5, 2026), https://esqhq.com/decisions/252-ad3d-54/

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 March 5, 2026. Updated March 5, 2026.