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MATTER OF RODRIGUEZ v. LaVALLEY

515480

112 A.D.3d 1244 (2013)

976 N.Y.S.2d 897

2013 NY Slip Op 8560

In the Matter of OTES G. RODRIGUEZ, Appellant, v. THOMAS LaVALLEY, as Superintendent of Clinton Correctional Facility, Respondent.

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

Decided December 26, 2013.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging his underlying conviction. Supreme Court dismissed the petition, concluding that petitioner's challenges were not properly raised in a CPLR article 78 proceeding. Inasmuch as "[a]n article 78 proceeding generally does not lie to review error claimed to have occurred in a criminal proceeding" (Matter of Hennessy v Gorman, 58 N.Y.2d 806, 807 [1983];...

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