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MATTER OF ROBLES v. COUGHLIN

195 A.D.2d 1004 (1993)

601 N.Y.S.2d 892

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

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

July 16, 1993

Judgment unanimously affirmed.

Memorandum:

Because petitioner's argument on appeal challenging the constitutionality of the rule governing administrative appeals was raised in his article 78 petition, it is properly before this Court (cf., Matter of Zaro v Coughlin, 195 A.D.2d 1003 [decided herewith]). We have determined, however, that petitioner's argument...

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