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MATTER OF LONG v. KELLY

154 A.D.2d 901 (1989)

In the Matter of Alfred Long, Appellant, 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.

October 6, 1989

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

Memorandum:

Special Term erred in failing to transfer the matter to this court, pursuant to CPLR 7804 (g), since the issue before it was whether the Hearing Officer's determination was supported by substantial evidence. Determining the matter as if it had been properly transferred (see, Matter of Curl v Kelly, 125 A.D.2d 948

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