MATTER OF LAHEY v. KELLY


125 A.D.2d 923 (1986)

In the Matter of Vincent Lahey, Respondent, v. Walter R. Kelly, as Superintendent of Attica Correctional Facility, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 19, 1986


Determination annulled, on the law, and petition granted.

Memorandum:

Since the only critical issue raised in this CPLR article 78 proceeding is whether the determination of the Hearing Officer is supported by substantial evidence, Special Term should not have decided the matter but, rather, should have transferred it to this court (CPLR 7804 [g]). However, we may consider the matter as if it had been transferred properly (Matter of Curl v Kelly,

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