| People of State of New York ex rel. v Zon |
| 2005 NY Slip Op 08476 [23 AD3d 1161] |
| Decided on November 10, 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 November 10, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, J.P., MARTOCHE, PINE, LAWTON, AND HAYES, JJ.
1285 KAH 04-00830
[*1]PEOPLE OF THE STATE OF NEW YORK EX REL. WALTER H. EMMONS, PETITIONER-APPELLANT, ORDER
v
ANTHONY ZON, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT.
Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Michael F. Pietruszka, A.J.), entered March 8, 2004. The judgment dismissed the petition.
SALVATORE C. ADAMO, BUFFALO, FOR PETITIONER-APPELLANT.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (MARTIN A. HOTVET 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: November 10, 2005
JoAnn M. Wahl
Clerk of the Court