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MATTER OF MILBURN v. McNIFF

91 A.D.2d 1024 (1983)

In the Matter of Louis Milburn, Respondent, v. J. Kevin McNiff, as Deputy Commissioner of The New York State Department of Correctional Services, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 17, 1983

Matter remitted to Special Term for further proceedings consistent herewith, and, in the interim, appeal held in abeyance. Special Term is to file its report with all convenient speed. The instant suit was originally commenced as a proceeding pursuant to CPLR article 78. However, on a prior appeal this court converted it into an action for a declaratory judgment (see Matter of Milburn v McNiff, 81 A.D.2d 587). The plaintiff is an...

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