It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the second, third and fifth ordering paragraphs and dismissing the petition and as modified the judgment is affirmed without costs.
Memorandum: We agree with petitioner that Supreme Court (Feroleto, J.), upon determining that petitioner was not entitled to habeas corpus relief, erred in converting this habeas corpus proceeding into one pursuant to CPLR article 78...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
