Codrington v. Kelly

Judgment unanimously vacated, determination confirmed and petition dismissed. Memorandum: Because the essential issue raised in this CPLR article 78 proceeding is whether the determination of the Hearing Officer is supported by substantial evidence, Special Term should not have decided the matter and instead, should have transferred it to this court (see, CPLR 7804 [g]). However, we may consider the matter as if it had been properly transferred (Matter of McKins v Coughlin, 142 AD2d 987).

Whether Correction Officer Mussar authorized petitioner to delete names from the facility law library…