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MATTER OF RAND v. HERBERT

219 A.D.2d 878 (1995)

632 N.Y.S.2d 345

In the Matter of Gary Rand, Respondent, v. Victor Herbert, as Superintendent of Collins Correctional Facility, et al., Appellants

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

September 29, 1995

Judgment unanimously vacated, determination modified on the law and as modified confirmed without costs and matter remitted to respondent Superintendent for further proceedings in accordance with the following Memorandum: Because petitioner's CPLR article 78 proceeding presented substantial evidence questions, it should have been transferred to this Court in its entirety (see, CPLR 7804 [g]; Matter of Grillo v Coughlin, 201 A.D.2d 905

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