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IN THE MATTER OF MARTINEZ v. GOORD

6 A.D.3d 1208 (2004)

775 N.Y.S.2d 716

In the Matter of ANGEL L. MARTINEZ, Petitioner, v. GLENN S. GOORD, as Commissioner of New York State Department of Correctional Services, Respondent. (Proceeding No. 1.)

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

April 30, 2004.

It is hereby ordered that the determination be and the same hereby is unanimously confirmed without costs and the petition is dismissed.

Memorandum:

Supreme Court erred in transferring this proceeding to this Court pursuant to CPLR 7804 (g) inasmuch as it does not raise a substantial evidence question. We nevertheless address the merits in the interest of judicial economy (see Matter of Hunt v Goord,

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