Matter of Elbert v Berbary (2003 NY Slip Op 20240)

Matter of Elbert v Berbary

2003 NY Slip Op 20240 [2 AD3d 1442]

December 31, 2003

Appellate Division, Fourth Department

As corrected through

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, February 25, 2004

In the Matter of Lawrence Elbert, Appellant,
v
James L. Berbary, as Superintendent of Collins Correctional Facility, et al., Respondents.

—Appeal from a judgment (denominated order) of Supreme Court, Erie County (Mahoney, J.), entered February 4, 2003, which dismissed the CPLR article 78 petition.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs (see Matter of Raqiyb v Donnelly, 307 AD2d 761 [2003]). Present—Green, J.P., Hurlbutt, Scudder, Kehoe and Hayes, JJ.