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MATTER OF McKINS v. COUGHLIN

142 A.D.2d 987 (1988)

In the Matter of John McKins, Appellant, v. Thomas Coughlin, as Commissioner of The New York State Department of Correctional Services, et al., Respondents

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

July 7, 1988

Judgment unanimously vacated on the law and determination unanimously confirmed and petition dismissed.

Memorandum:

Since a 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 (see, CPLR 7804 [g]). However, we may consider the matter as if had been properly...

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