Ordered that the judgment is reversed, on the law, without costs or disbursements, and the proceeding pursuant to CPLR article 78 is remitted to the Supreme Court, Dutchess County, for further proceedings in accordance herewith.
While the court properly converted the petitioner's application for a writ of habeas corpus to a proceeding pursuant to CPLR article 78 (see, People ex rel. Dawson v Smith,
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