Public-domain · open source
OpenJurist

224 A.D.2d 430

Merlo v. Coughlin

Appellate Division of the Supreme Court of the State of New York · decided 1996-02-05

Decided 1996-02-05

¶1—In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Thomas A. Coughlin III, Commissioner of Correctional Services, dated September 23, 1993, made after a hearing, finding the petitioner guilty of possession of gambling paraphernalia and possession of unauthorized jewelry, and imposing a penalty, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Dolan, J.), dated May 4, 1994, which granted the motion of the respondents to dismiss the proceeding.

¶2Ordered that the judgment is affirmed, without costs or disbursements.

¶3Contrary to the petitioner’s contention, there was substantial evidence in the record to support the Commissioner’s determination (see, Matter of Lahey v Kelly, 71 NY2d 135, 140).

¶4The Petitioner’s remaining contentions are without merit. Bracken, J. P., Miller, Joy, Haft and Krausman, JJ., concur.

/224/ad2d/430 · .json · Public domain