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MATTER OF MELVIN v. KELLY

126 A.D.2d 956 (1987)

In the Matter of Rufus Melvin, Respondent, v. Walter R. Kelly, as Superintendent of Attica Correctional Facility, et al., Appellants

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

January 23, 1987

Judgment unanimously vacated, on the law, determination confirmed, and petition dismissed.

Memorandum:

The court erred by failing to transfer the substantial evidence question to this court (CPLR 7804 [g]). We have considered this question as if properly transferred (Matter of Lahey v Kelly, 125 A.D.2d 923; Collana v Perales, 123 A.D.2d 493).

The Hearing Officer was...

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