MATTER OF SMITH v. SULLIVAN


118 A.D.2d 862 (1986)

In the Matter of Marvin Smith, Appellant, v. James E. Sullivan et al., Respondents

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

March 31, 1986


Judgment affirmed, without costs or disbursements.

Although the petitioner has denominated this proceeding as one for a writ of habeas corpus, his only challenge is to certain conditions of his incarceration, and not to the validity of his detainment. This matter shall therefore be treated as a proceeding pursuant to CPLR article 78 (cf. CPLR 103 [c]).

The record indicates that some of the petitioner's complaints have already been remedied. His allegations...

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