Legal Opinion
McKins v. Coughlin
Appellate Division of the Supreme Court of the State of New York
Decided July 7, 1988PublishedCited by 6 opinions
1Opinion of the Court
Judgment unanimously vacated on the law and determination unanimously confirmed and petition dismissed. Memorandum: Since a critical 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 but, rather, should have transferred it to this court (see, CPLR 7804 [g]). However, we may consider the matter as if had been properly transferred (Matter of Curl v Kelly, 125 AD2d 948).
We confirm the determination that petitioner violated rule 113.12 (7 NYCRR 270.1 [b] [14]…
2Cases cited3 opinions
- Lahey v. KellyNew York Court of Appeals · 1987
- Perez v. WilmotNew York Court of Appeals · 1986
- Curl v. KellyAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by6 opinions
- Vega v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1994
- Gibbs v. KellyAppellate Division of the Supreme Court of the State of New York · 1990
- Perez v. CoombeAppellate Division of the Supreme Court of the State of New York · 1996
- Codrington v. KellyAppellate Division of the Supreme Court of the State of New York · 1989
- Russato v. KellyAppellate Division of the Supreme Court of the State of New York · 1989
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