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MATTER OF VIDAL v. LEE

2015-06282. Index No. 712/15.

150 A.D.3d 1248 (2017)

55 N.Y.S.3d 398

2017 NY Slip Op 04284

In the Matter of JOSEPH VIDAL, Petitioner, v. WILLIAM A. LEE, Superintendent, Green Haven Correctional Facility, et al., Respondents.

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

Decided May 31, 2017.

Adjudged that the determinations are confirmed, the petition is denied, and the proceeding is dismissed on the merits, without costs or disbursements.

Preliminarily, we note that the Supreme Court should not have transferred this proceeding to this Court pursuant to CPLR 7804 (g), as the petition did not raise a question of substantial evidence (see Matter of Sasso v Osgood, 86 N.Y.2d 374

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