PEOPLE EX REL. HOPPER v. SMITH


115 A.D.2d 239 (1985)

The People of the State of New York ex rel. William Hopper, 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 to convert proceeding to one under CPLR article 78 and, as modified, affirmed.

Memorandum:

Relator instituted a habeas corpus proceeding to challenge findings of a superintendent's proceeding. Relator was charged with attempting to escape from the Alden Correctional Facility. Special Term, after reviewing the entire record including a confidential report, found that the determination...

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