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MATTER OF ESPINOZA v. BERBARY

288 A.D.2d 934 (2001)

732 N.Y.S.2d 199

In the Matter of MANUEL ESPINOZA, Respondent, v. JAMES L. BERBARY, as Superintendent of Collins Correctional Facility, Appellant.

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

Decided November 9, 2001.

Judgment insofar as appealed from unanimously reversed on the law without costs and last decretal paragraph vacated.

Memorandum:

We agree with respondent that Supreme Court erred in ordering the Attorney General to file a notice of appeal on behalf of petitioner, who is acting pro se, in the event that petitioner wished to appeal from the judgment dismissing his CPLR article 78 petition. The court thereby created a conflict of interest for the Attorney...

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