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MATTER OF BAKER v. FISCHER

TP 11-00462.

87 A.D.3d 1283 (2011)

930 N.Y.S.2d 527

2011 NY Slip Op 6675

In the Matter of JERMAINE BAKER, Petitioner, v. BRIAN FISCHER, Commissioner, New York State Department of Correctional Services, Respondent.

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

Decided September 30, 2011.

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

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination denying his application for temporary release to a substance abuse treatment program. We note at the outset that the proceeding was improperly transferred to this Court pursuant to CPLR 7804 (g) because no substantial evidence question is raised herein ...

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