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MATTER OF BUTLER v. IRVIN

238 A.D.2d 907 (1997)

661 N.Y.S.2d 138

In the Matter of Ricky Butler, Petitioner, v. Frank E. Irvin, as Superintendent of Wende Correctional Facility, et al., Respondents

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

April 25, 1997

Determination unanimously annulled on the law without costs and petition granted in accordance with the following Memorandum: Although this proceeding should not have been transferred to this Court pursuant to CPLR 7804 (g) inasmuch as it does not raise a substantial evidence question, we nonetheless consider the merits in the interest of judicial economy (see, Matter of Moulden v Coughlin, 210 A.D.2d 997).

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