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MATTER OF DAVIS v. KELLY

145 A.D.2d 950 (1988)

In the Matter of Patrick Davis, Petitioner, v. Walter R. Kelly, as Superintendent of Attica Correctional Facility, Respondent

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

December 23, 1988

Determination unanimously confirmed and petition dismissed.

Memorandum:

Since the petition in this article 78 proceeding raised a substantial evidence question, Special Term should not have ruled on the legal issues raised therein (CPLR 7804 [g]; Matter of Hop-Wah v Coughlin, 118 A.D.2d 275, revd on other grounds 69 N.Y.2d 791; Matter of Hull-Hazard, Inc. v Roberts

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