Judgment unanimously modified by converting the proceeding to one under CPLR article 78 and, as modified, affirmed.
Memorandum:
Since habeas corpus is not the appropriate remedy in the circumstances, we convert the proceeding to one under CPLR article 78 seeking review of a determination made at a Tier III superintendent's hearing (see, CPLR 103 [c]). Petitioner contends that the hearing officer erred in denying him the opportunity to be present during...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.