| Matter of Bastian v Berbary |
| 2004 NY Slip Op 05036 [8 AD3d 1131] |
| Decided on June 14, 2004 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on June 14, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: WISNER, J.P., HURLBUTT, GORSKI, MARTOCHE, AND HAYES, JJ.
858 CA 03-01090
[*1]MATTER OF GEORGE F. BASTIAN, III, PETITIONER-APPELLANT, ORDER
v
JAMES L. BERBARY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY, AND ANTHONY J. ANNUCCI, DEPUTY COMMISSIONER AND COUNSEL, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENTS-RESPONDENTS.
Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Timothy J. Drury, J.) entered March 13, 2003 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition challenging petitioner's parole eligibility and conditional release dates.
GEORGE F. BASTIAN, III, PETITIONER-APPELLANT PRO SE.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (DENISE A. HARTMAN OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: June 14, 2004
JoAnn M. Wahl
Clerk of the Court