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PEOPLE EX REL. HILL v. KAIDEN

1545 KAH 09-00235

68 A.D.3d 1739 (2009)

2009 NY Slip Op 9841

893 N.Y.S.2d 402

THE PEOPLE OF THE STATE OF NEW YORK ex rel. GREGORY HILL, Appellant, v. GREGORY J. KAIDEN, Superintendent, Gowanda Correctional Facility, et al., Respondents.

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

Decided December 30, 2009.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner appeals from a judgment dismissing his petition in this habeas corpus proceeding. We agree with petitioner that Supreme Court (Townsend, J.) erred in converting the habeas corpus proceeding into one pursuant to CPLR article 78 inasmuch as "the sole basis for petitioner's continued incarceration is the determination...

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