| People of State of New York ex rel. Clayton Green v Berbary |
| 2005 NY Slip Op 00793 [15 AD3d 1016] |
| 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: PIGOTT, JR., P.J., HURLBUTT, GORSKI, PINE, AND HAYES, JJ.
159 KAH 03-01279
[*1]PEOPLE OF THE STATE OF NEW YORK EX REL. CLAYTON GREEN, PETITIONER-APPELLANT, ORDER
v
JAMES L. BERBARY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT.
Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered May 28, 2003 in a habeas corpus proceeding. The judgment converted the proceeding to a CPLR article 78 proceeding and dismissed the petition.
SALVATORE C. ADAMO, BUFFALO, FOR PETITIONER-APPELLANT.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (DENISE A. HARTMAN 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