| Matter of Dukes v Smith |
| 2007 NY Slip Op 05921 [42 AD3d 959] |
| July 6, 2007 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Jerry Dukes, Appellant, v W. Smith, as Deputy Superintendent of Orleans Correctional Facility, et al., Respondents. |
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Andrew M. Cuomo, Attorney General, Albany (Frank Brady of counsel), for respondents-respondents.
Appeal from a judgment (denominated order) of the Supreme Court, Orleans County (James P. Punch, A.J.), entered February 22, 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—Hurlbutt, J.P., Centra, Lunn, Fahey and Green, JJ.