MATTER OF FUCHINO v. HERBERT


255 A.D.2d 914 (1998)

680 N.Y.S.2d 389

In the Matter of Robert Fuchino, Petitioner, v. Victor T. Herbert, as Superintendent of Collins Correctional Facility, et al., Respondents

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

November 13, 1998


Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

This case was transferred to our Court pursuant to CPLR 7804 (g) by order of Supreme Court granted April 13, 1998. By order granted July 14, 1998, Supreme Court sua sponte "vacated" its prior order of transfer because the subject of this proceeding is a parole release interview and not a hearing within the meaning of CPLR 7803 (4). Although the transfer of this proceeding...

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