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PEOPLE EX REL. BAPTISTE v. SMITH

115 A.D.2d 225 (1985)

The People of the State of New York ex rel. Salvatore Baptiste, Appellant, v. Harold J. Smith, as Superintendent of Attica Correctional Facility, Respondent

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

November 15, 1985

Judgment unanimously modified by converting proceeding to one under CPLR article 78 and as modified, affirmed.

Memorandum:

Relator appeals from a judgment which dismissed his petition for habeas corpus seeking to review the determination at a superintendent's hearing. Inasmuch as the relief sought in the petition could not have resulted in relator's release, habeas corpus is not the proper remedy and the proceeding...

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