Shipman v. Coughlin

OPINION OF THE COURT

Charles B. Swartwood, J.

This a CPLR article 78 proceeding seeking to set aside a superintendent’s proceeding held at the Elmira Correctional Facility as having been conducted in violation of due process requirements and on the ground that the determination arrived at by the hearing officer was not supported by substantial evidence. The petition requests that this matter be transferred to the Appellate Division pursuant to CPLR 7804 (subd [g]).

The answer of the respondents seeks a dismissal of the petition on the ground that the petitioner, Dennis Ship-man, failed to…