Merlo v. Coughlin

Appellate Division of the Supreme Court of New York

Merlo v. Coughlin

224 A.D.2d 430, 638 N.Y.S.2d 330, 1996 N.Y. App. Div. LEXIS 864

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 5, 1996

StatusPublished

This text of 224 A.D.2d 430 (Merlo v. Coughlin) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Merlo v. Coughlin, 224 A.D.2d 430, 638 N.Y.S.2d 330, 1996 N.Y. App. Div. LEXIS 864 (N.Y. Ct. App. 1996).

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Opinion

—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.

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

Contrary 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).

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

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—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.

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

Contrary 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).

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

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Bluebook (online)

224 A.D.2d 430, 638 N.Y.S.2d 330, 1996 N.Y. App. Div. LEXIS 864, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merlo-v-coughlin-nyappdiv-1996.

Opinion

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