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PEOPLE EX REL. LLOYD v. SMITH

115 A.D.2d 254 (1985)

The People of the State of New York ex rel. Rodney Lloyd, 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 reversed, on the law, proceeding converted to one under CPLR article 78, and matter remitted to Supreme Court, Wyoming County, for further proceedings, in accordance with the following memorandum:

Since habeas corpus is not a proper remedy in this matter, we convert the same to an article 78 proceeding (CPLR 103 [c]; People ex rel. Corcoran v Smith, 105 A.D.2d 1142). We find that the failure to include...

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