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PEOPLE EX REL. MOORE v. SCULLY

189 A.D.2d 845 (1993)

The People of the State of New York ex rel. Leroy Moore, Appellant, v. Charles Scully, as Superintendent of Green Haven Correctional Facility, Respondent

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

January 19, 1993

Ordered that the judgment is modified, on the law, by deleting the provision thereof granting leave to renew the application in Albany County; as so modified, the judgment is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court erred in dismissing the proceeding on the ground of improper venue (see, CPLR 7002 [b]; 7004 [c]; cf., People ex rel. Pilgrim v Scully, 154 A.D.2d 412...

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