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MATTER OF GRILLO v. COUGHLIN

201 A.D.2d 905 (1994)

607 N.Y.S.2d 807

In the Matter of John Grillo, 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.

February 4, 1994

Judgment unanimously vacated, determination modified on the law and as modified confirmed and matter remitted to respondent Superintendent for further proceedings in accordance with the following 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 Lynch v Coughlin, 198 A.D.2d 889). We consider the...

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