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MATTER OF PATTERSON v. KELLY

152 A.D.2d 1012 (1989)

In the Matter of Emmanuel Patterson, 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.

July 12, 1989

Judgment unanimously vacated, determination confirmed and petition dismissed.

Memorandum:

The court erred in failing to transfer the proceeding to this court (see, CPLR 7804 [g]; 7803 [4]), but we review the issues as if the proceeding had been properly transferred in the first instance (see, Matter of Melvin v Kelly, 126 A.D.2d 956, lv denied 69 N.Y.2d 609; Matter of Curl v Kelly,

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