Stanback v. Scully

In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Rosato, J.), dated February 18, 1987, which converted the proceeding into a proceeding pursuant to CPLR article 78, to review a Superintendent’s hearing disposition, dated March 3, 1986, and dismissed the proceeding on the merits.

Ordered that the judgment is reversed, on the law, without costs or disbursements, and the proceeding pursuant to CPLR article 78 is remitted to the Supreme Court, Dutchess County, for further proceedings in accordance herewith.

While the court properly…