Gallagher v. Coughlin

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Clinton County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

On September 18, 1991, after a tier III disciplinary hearing, petitioner was found guilty of making threats concerning another inmate. This finding was affirmed on administrative appeal. Petitioner then commenced this CPLR article 78 proceeding contending, inter alia, that the determination was not supported by substantial…