Daniel v. Coughlin

Judgment unanimously vacated on the law, determination confirmed and petition dismissed. Memorandum: Petitioner appeals from a judgment that dismissed his CPLR article 78 petition challenging a determination following a Tier II disciplinary hearing that he violated an inmate rule by damaging a book from the prison law library. Since an issue raised by petitioner is whether the determination is supported by substantial evidence, Special Term should not have ruled on the legal issues raised and should have transferred the matter to this court (see, CPLR 7804 [g]; Matter of Davis v Kelly, 145…