People ex rel. Burns v Mellas
2006 NY Slip Op 08489 [34 AD3d 1299]
November 17, 2006
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 17, 2007


The People of the State of New York ex rel. Kermit Burns, Appellant, v Chris Mellas, as Superintendent of Watertown Correctional Facility, et al., Respondents.

[*1]Appeal from an amended judgment of the Supreme Court, Jefferson County (Hugh A. Gilbert, J.), entered August 30, 2005 in a proceeding pursuant to CPLR article 70. The amended judgment dismissed the petition.

It is hereby ordered that the amended judgment so appealed from be and the same hereby is unanimously affirmed without costs. Present—Hurlbutt, A.P.J., Kehoe, Smith and Green, JJ.