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MATTER OF SILVA v. SCULLY

168 A.D.2d 452 (1990)

In the Matter of Gilberto Silva, Appellant, v. Charles Scully, as Superintendent of Green Haven Correctional Facility, et al., Respondents. (Proceeding No. 1.) In the Matter of Gilberto Silva, Appellant, v. Charles Scully, as Superintendent of Green Haven Correctional Facility, et al., Respondents. (Proceeding No. 2.)

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

December 3, 1990

Ordered that the judgments are affirmed, without costs or disbursements.

The determination dated March 18, 1988, was vacated based upon a procedural impropriety by the respondent Commissioner of the New York State Department of Correctional Services, who directed a new hearing pursuant to 7 NYCRR 254.8 (d). Accordingly, the determination under review did not constitute a final order, and is not reviewable. In any event...

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