Grillo v. Coughlin

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 AD2d 889). We consider the matter de novo, as if it had been properly transferred (see, Matter of Lynch v Coughlin, supra; Matter of Melvin v Kelly, 126 AD2d 956, lv denied 69 NY2d 609).

The…