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PEOPLE EX REL. McCLATCHIE v. REID

105 A.D.2d 721 (1984)

The People of the State of New York ex rel. Michael McClatchie, Appellant, v. Theodore Reid, as Warden of The Department of Corrections, Respondent

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

November 5, 1984

Judgment vacated, on the law, without costs or disbursements, determination confirmed and proceeding dismissed on the merits.

Since petitioner contends that the determination of the respondent, made after a hearing, was not supported by substantial evidence, the matter should have been transferred to this court for determination in the first instance (CPLR 7804, subd [g]). The case having finally reached this court, we treat...

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