MATTER OF DANIEL v. COUGHLIN


147 A.D.2d 896 (1989)

In the Matter of Patrick Daniel, Appellant, v. Thomas A. Coughlin, III, as Commissioner of New York State Department of Correctional Services, et al., Respondents

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

February 3, 1989


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

Memorandum:

Petitioner appeals from a judgment that dismissed his CPLR article 78 petition challenging a determination following a Tier II disciplinary hearing that he violated an inmate rule by damaging a book from the prison law library. Since an issue raised by petitioner is whether the determination is supported by substantial evidence, Special Term should not have...

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