| People ex rel. Chiarello v Berbary |
| 2006 NY Slip Op 08461 [34 AD3d 1277] |
| November 17, 2006 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York ex rel. John Chiarello, Appellant, v James L. Berbary, as Superintendent of Collins Correctional Facility, Respondent. |
—[*1]Appeal from an order of the Supreme Court, Erie County (Joseph S. Forma, J.), entered May 17, 2005. The order, inter alia, denied the petition to vacate prior orders entered March 9, 2004 and May 12, 2004.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Scudder, J.P., Martoche, Centra and Pine, JJ.