MATTER OF STATE OF NEW YORK v. CUEVAS


49 A.D.3d 1324 (2008)

853 N.Y.S.2d 798

In the Matter of the STATE OF NEW YORK, Appellant-Respondent, v. ANTHONY CUEVAS, Respondent-Appellant.

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

Decided March 21, 2008.


It is hereby ordered that said cross appeal is unanimously dismissed and the judgment is reversed on the law without costs, the habeas corpus proceeding is converted to a declaratory judgment action, and judgment is granted as follows:

"It is ADJUDGED and DECLARED that a detained person placed in protective custody shall be subject to the conditions of confinement set forth in 7 NYCRR 330.4, and

"It is further ADJUDGED and DECLARED that the New York State...

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