Hop-Wah v. Coughlin

OPINION OF THE COURT

Mahoney, P. J.

Petitioner, an inmate at Elmira Correctional Facility, commenced this CPLR article 78 proceeding challenging a determination, made after a Superintendent’s proceeding, finding that he violated certain disciplinary rules and imposing sanctions. Respondents served an answer which contained what were denominated as "affirmative defenses”. Special Term ruled in respondents’ favor on these affirmative defenses and then transferred the proceeding to this court for resolution of the substantial evidence issue raised in the petition.

Initially, we must deal with…