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PEOPLE v. NEW YORK CITY DEPARTMENT OF CORRECTION

25 A.D.3d 347 (2006)

805 N.Y.S.2d 835

THE PEOPLE OF THE STATE OF NEW YORK ex rel. STANLEY STEPHENSON, Appellant, v. NEW YORK CITY DEPARTMENT OF CORRECTION et al., Respondents.

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

January 5, 2006.

As respondents concede, since petitioner could not be released from custody even if the challenged administrative determination were overturned, the proceeding should have been converted to an article 78 proceeding (see People ex rel. Dawson v Smith, 69 N.Y.2d 689, 690 [1986]). We, accordingly, deem the matter to have been brought pursuant to CPLR article 78 and remand for respondents' submission of the administrative record and...

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