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MATTER OF ODOM v. GOORD

271 A.D.2d 792 (2000)

707 N.Y.S.2d 248

In the Matter of JONATHON ODOM, Appellant, v. GLENN S. GOORD, as Commissioner of the New York State Department of Correctional Services, et al., Respondents.

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

Decided April 13, 2000.

Prefatorily, as one of the issues raised is whether the determination was supported by substantial evidence, Supreme Court should have transferred this proceeding to this Court (see, CPLR 7804 [g]; Matter of Abdul-Matiyn v Commissioner, State of N. Y., Dept. of Correctional Servs., 250 A.D.2d 1009, 1010). However, as the matter is now before us, we will decide the issue as if it had been properly transferred in the first instance...

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