Opinion
Decided September 8, 1982
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, LEON N. ARMER, J.
Rose H. Sconiers and Charles D. Halvorsen for appellant.
Richard J. Arcara, District Attorney ( Kurt T. Sajda of counsel), for respondent.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order reversed, without costs, and matter remitted to Supreme Court, Erie County, for a hearing on the petition. Taken at face value, relator's papers were sufficient to entitle him to have the court "hear the evidence" on whether, as he in effect claims, he is not the escapee named in the South Carolina warrant (see CPLR 7009, subd [c]; People ex rel. Degina v Delaney, 53 A.D.2d 880).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER. Taking no part: Judge GABRIELLI.