Polanco v. Coughlin

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Che-mung County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty after a Superintendent’s hearing of violating a prison disciplinary rule which prohibits possession of a weapon. After an unsuccessful administrative appeal petitioner commenced this proceeding, contending that the determination was not supported by substantial evidence and that other procedural…