Legal Opinion

Price v. Coughlin

Appellate Division of the Supreme Court of the State of New York

Decided July 16, 1993PublishedCited by 9 opinions

1Opinion of the Court

Judgment unanimously vacated, determination confirmed and petition dismissed. Memorandum: Because petitioner’s article 78 proceeding raised a substantial evidence question, it should have been transferred to this Court (see, CPLR 7804 [g]; Matter of Benesch v Village of Clayton, 185 AD2d 688, lv denied 81 NY2d 702, rearg denied 81 NY2d 912). We consider the matter as if it had been properly transferred.

Petitioner was found guilty of possessing a shank found underneath his locker. He argues that the determination was not supported by substantial evidence because his locker was in an open area…

2Cases cited5 opinions

  1. Nelson v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1992
  2. Sanchez v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1987
  3. Caldwell v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1989
  4. Trudo v. LeFevreAppellate Division of the Supreme Court of the State of New York · 1986
  5. Benesch v. Village of ClaytonAppellate Division of the Supreme Court of the State of New York · 1992

3Cited by9 opinions

  1. James v. StrackAppellate Division of the Supreme Court of the State of New York · 1995
  2. Joyce v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1995
  3. Jay v. CoombeAppellate Division of the Supreme Court of the State of New York · 1996
  4. Aballe v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1995
  5. Kennedy v. CoombeAppellate Division of the Supreme Court of the State of New York · 1997

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