People of State of New York ex rel. Aaron Taylor v Lape
2005 NY Slip Op 03434 [17 AD3d 1175]
Decided on April 29, 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 April 29, 2005
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: PIGOTT, JR., P.J., SCUDDER, GORSKI, MARTOCHE, AND LAWTON, JJ.

462 KAH 04-00948

[*1]PEOPLE OF THE STATE OF NEW YORK EX REL. AARON TAYLOR, PETITIONER-APPELLANT, ORDER

v

WILLIAM LAPE, SUPERINTENDENT, MARCY CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT.



Appeal from a judgment (denominated order) of the Supreme Court, Oneida County (John G. Ringrose, A.J.), entered March 2, 2004 in a proceeding pursuant to CPLR article 70. The judgment dismissed the petition.


DAVID M. GIGLIO, UTICA, FOR PETITIONER-APPELLANT.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (JULIE S. MERESON 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: April 29, 2005
JoAnn M. Wahl
Clerk of the Court