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MATTER OF LYNCH v. COUGHLIN

198 A.D.2d 889 (1993)

606 N.Y.S.2d 1020

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

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

November 19, 1993

Judgment unanimously vacated, determination confirmed and petition dismissed.

Memorandum:

Because petitioner's CPLR article 78 proceeding presented a substantial evidence question, it should have been transferred to this Court (see, CPLR 7804 [g]; Matter of Benesch v Village of Clayton, 185 A.D.2d 688, lv denied 81 N.Y.2d 702, rearg denied 81 N.Y.2d 912;

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