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MATTER OF GIANO v. COUGHLIN

162 A.D.2d 986 (1990)

In the Matter of Julio Giano, Petitioner, v. Thomas Coughlin, as Commissioner of The Department of Correctional Services, et al., Respondents

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

June 22, 1990

Determination unanimously confirmed and petition dismissed.

Memorandum:

Although the legal issues petitioner raises could have been decided by Supreme Court in the first instance, we may properly retain jurisdiction and decide the case on the merits (see, Matter of Portugal v Webb, 91 A.D.2d 997, 998). There is no merit to petitioner's claim that the hearing to determine whether he was properly confined in...

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