Giakoumelos v. Coughlin
| Decision Date | 29 April 1993 |
| Parties | In the Matter of John GIAKOUMELOS, Petitioner, v. Thomas A. COUGHLIN III, as Commissioner of the Department of Correctional Services, Respondent. |
| Court | New York Supreme Court — Appellate Division |
John Giakoumelos, in pro per.
Robert Abrams, Atty. Gen. (Patrick Barnett-Mulligan, of counsel), Albany, for respondent.
Before WEISS, P.J., and LEVINE, MERCURE, MAHONEY and CASEY, JJ.
Proceeding pursuant to CPLR article 78 () to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.
Petitioner was found guilty after a Superintendent's hearing of violating a prison disciplinary rule prohibiting conspiring to escape. Initially, we find that petitioner waived any argument that the Hearing Officer was biased because he had previously interviewed him in an administrative segregation proceeding by failing to object on that ground during the hearing (see, Matter of Blackshear v. Coughlin, 185 A.D.2d 493, 586 N.Y.S.2d 34; Matter of McClean v. Le Fevre, 142 A.D.2d 911, 531 N.Y.S.2d 411). In any event, the Hearing Officer's interview of petitioner in that proceeding did not constitute an investigation of the incident at issue so as to preclude him from presiding at petitioner's Superintendent's hearing (see, 7 NYCRR 254.1; Matter of Blackshear v. Coughlin, supra; Matter of O'Neal v. Coughlin, 162 A.D.2d 826, 558 N.Y.S.2d 644).
We also reject petitioner's contention that he was denied access to an unusual incident report. Petitioner has produced no evidence beyond his own speculation to refute testimony at the hearing that no written report of the incident existed. Further, review of the Hearing Officer's confidential interview with the investigating officer demonstrates that the Hearing Officer was provided with information that was sufficiently detailed and specific so that he could independently assess the informant's reliability (see, Matter of Hodges v. Coughlin, 180 A.D.2d 942, 580 N.Y.S.2d 500; Matter of Kalonji v. Coughlin, 157 A.D.2d 941, 550 N.Y.S.2d 201) and reveals a rational basis for his determination that the informant, as well as the alleged coconspirators, could not be called as witnesses for security reasons (see, Matter of Machado v. Leonardo, 180 A.D.2d 936, 580 N.Y.S.2d 519). The same interview establishes that the denial of petitioner's request to review physical evidence and the photographic array viewed by the informant was also rationally based upon security reasons (cf., Matter of Rosario v. Selsky, 169...
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Giakoumelos v. Coughlin
...found that Giakoumelos had waived any argument that Vladyka was biased because he had not made such an objection at the hearing. Id. at 998, 597 N.Y.S.2d 232. In any event, Vladyka was not biased because his interview of Giakoumelos in connection with the administrative segregation hearing ......
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Soto-Rodriguez v. Goord, SOTO-RODRIGUE
...administrative segregation, not having been raised at the hearing, were not preserved for review (see, Matter of Giakoumelos v. Coughlin, 192 A.D.2d 998, 597 N.Y.S.2d 232, lv. denied 82 N.Y.2d 658, 604 N.Y.S.2d 557, 624 N.E.2d 695). Moreover, they are The requirement that a hearing be comme......
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Cowart v. Pico
...relied upon an off-the-record conversation with an inmate witness in making his determination (see, Matter of Giakoumelos v. Coughlin, 192 A.D.2d 998, 999, 597 N.Y.S.2d 232, lv. denied 82 N.Y.2d 658, 604 N.Y.S.2d 557, 624 N.E.2d 695), as well as his claim that respondent improperly relied u......
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Torres v. Goord
...Matter of Odom v. Goord, 246 A.D.2d 941, 667 N.Y.S.2d 324). Lastly, even if preserved for our review (see, Matter of Giakoumelos v. Coughlin, 192 A.D.2d 998, 597 N.Y.S.2d 232, lv. denied 82 N.Y.2d 658, 604 N.Y.S.2d 557, 624 N.E.2d 695), we would reject petitioner's claim of Hearing Officer ......