| People of State of New York ex rel. v Poole |
| 2005 NY Slip Op 08529 [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: KEHOE, J.P., MARTOCHE, PINE, LAWTON, AND HAYES, JJ.
1348 KAH 04-01555
[*1]PEOPLE OF THE STATE OF NEW YORK EX REL. MICHAEL S. MICHALSKI, PETITIONER-APPELLANT, ORDER
v
THOMAS POOLE, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT.
Appeal from a judgment of the Supreme Court, Seneca County (Dennis F. Bender, A.J.), dated April 30, 2004. The judgment denied the petition for a writ of habeas corpus.
BRENDAN O'DONNELL, INTERLAKEN, FOR PETITIONER-APPELLANT.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (PATRICK BARNETT-MULLIGAN 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