Espinal v. Coughlin

Yesawich, Jr., J.

Appeal from a judgment of the Supreme Court (Klein, J.), entered October 31, 1988 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating a prison disciplinary rule.

This matter was remitted to Supreme Court for supplementation of the record on the issue of bad faith regarding the failure to preserve a videotape recording of a misbehavior incident for which petitioner was disciplined (149 AD2d 904). Respondent has submitted an affidavit by the Hearing…