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New York Codes Rules Regulations (Last Updated: March 27,2024) |
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TITLE 7. Department of Corrections and Community Supervision |
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Chapter V. Procedures for Implementing Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances |
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Subchapter A. Procedures for Implementing Standards of Inmate Behavior |
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Part 254. Superintendent's Hearing |
Sec. 254.8. Appeal procedures
Latest version.
- Any inmate shall have the right to appeal the disposition of any superintendent's hearing, to which he was a party, to the commissioner within 30 days of receipt of the disposition. The commissioner or his designee shall issue a decision within 60 days of receipt of the appeal. The commissioner or his designee may:(a) affirm the hearing disposition;(b) modify the hearing disposition by dismissing certain charge(s) and/or reducing the penalty imposed;(c) reverse the hearing disposition; or(d) reverse the hearing disposition and order a new hearing. Whenever a new hearing is ordered pursuant to this subdivision, the penalty imposed at the new hearing may not exceed the penalty imposed at the original hearing.