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Dallas v. Johnson

225 A.D.2d 1098 Court N.Y. App. Div. Decision date 1996-03-08 English

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p. 1098
In the Matter of Calvin Dallas, Petitioner, v Sally B. Johnson, as Superintendent of Orleans Correctional Facility, et al., Respondents.
[639 NYS2d 635]

Memorandum: Because petitioner failed to serve the motion papers on respondents, the motion is denied. Moreover, petitioner has not established a ground for converting this CPLR article 78 proceeding into a habeas corpus proceeding. We note that petitioner may proceed on the original papers and eight briefs (see, 22 NYCRR 1000.5 [f]), and that no filing fee is required. Present — Pine, J. P., Lawton, Balio, Davis and Boehm, JJ.