Matter of Given v Dennison
2005 NY Slip Op 00770 [15 AD3d 1015]
Decided on February 4, 2005
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 February 4, 2005
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: HURLBUTT, J.P., GORSKI, MARTOCHE, SMITH, AND LAWTON, JJ.

128 CA 04-01028

[*1]MATTER OF THEODORE GIVEN, PETITIONER-APPELLANT, ORDER

v

ROBERT DENNISON, ACTING CHAIRMAN, NEW YORK STATE DIVISION OF PAROLE, RESPONDENT-RESPONDENT.



Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered April 5, 2004 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.


WYOMING COUNTY-ATTICA LEGAL AID BUREAU, ATTICA (SUSAN K. JONES OF COUNSEL), FOR PETITIONER-APPELLANT.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (PETER H. SCHIFF OF COUNSEL), FOR RESPONDENT-RESPONDENT.


It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: February 4, 2005
JoAnn M. Wahl
Clerk of the Court