Santos v. Coughlin

Appeal from an order of the Supreme Court (Bradley, J.), entered July 18, 1994 in Ulster County, which, in a proceeding pursuant to CPLR article 78, denied petitioner’s application for an award of counsel fees.

Petitioner was found guilty of violating several prison disciplinary rules including possessing a spray bottle of gasoline in his cell, possessing a bottle of paint thinner in his cell, arson and destruction of State property. Petitioner commenced a CPLR article 78 proceeding and this Court annulled the latter two charges (201 AD2d 849). The annulment was based upon the Hearing…