Opinion
April 1, 1996
Appeal from the Supreme Court, Westchester County (Lange, J.).
Ordered that the order entered July 25, 1994, is affirmed, without costs or disbursements.
We do not entertain the petitioner's appeal from the order and judgment entered December 16, 1993, as that appeal was dismissed by decision and order of this Court dated January 5, 1995. In any event, that order was superseded by the order entered July 25, 1994, made upon reargument ( see, Voss v. Multifilm Corp., 112 A.D.2d 216, 218).
We agree with the Supreme Court that under the circumstances of this case, the notice of charges provided to the petitioner did not deprive him of due process. Accordingly, the court properly denied the petitioner's motion to convert the CPLR article 78 proceeding into an application for a writ of habeas corpus ( see, People ex rel. Levy v. Walters, 87 A.D.2d 620). Rosenblatt, J.P., Miller, Ritter and Sullivan, JJ., concur.