Matter of Holmes v Gummerson
2007 NY Slip Op 02367 [38 AD3d 1349]
March 16, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 9, 2007


In the Matter of Brandon Holmes, Appellant, v Captain C. Gummerson, Respondent.

—[*1] Brandon Holmes, petitioner-appellant pro se.

Andrew M. Cuomo, Attorney General, Albany (Andrea Oser of counsel), for respondent-respondent.

Appeal from a judgment (denominated order) of the Supreme Court, Cayuga County (Peter E. Corning, A.J.), entered January 17, 2006 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs. Present—Martoche, J.P., Smith, Lunn, Fahey and Peradotto, JJ.