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MATTER OF VALDEZ v. WILLIAMS

256 A.D.2d 1118 (1998)

683 N.Y.S.2d 466

In the Matter of FRANCISCO VALDEZ, Petitioner, v. MELVIN WILLIAMS, as Superintendent of Gowanda Correctional Facility, et al., Respondents. (Proceeding No. 2.)

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

Decided December 31, 1998.

Proceeding unanimously dismissed without costs.

Memorandum:

Petitioner commenced this CPLR article 78 proceeding to annul a determination that he violated certain inmate rules. Because a prior proceeding was pending for that same relief and has now been decided by this Court on the merits (Matter of Valdez v Williams, 256 A.D.2d 1118 [decided herewith]; see, CPLR 7804 [g]), the instant proceeding is dismissed...

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