People ex rel. Rucker v Graham
2007 NY Slip Op 08539 [45 AD3d 1322]
November 9, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 16, 2008


The People of the State of New York ex rel. Daryl Rucker, Appellant, v Harold Graham, as Superintendent of Auburn Correctional Facility, Respondent.

—[*1] Charles A. Marangola, Moravia, for petitioner-appellant.

Andrew M. Cuomo, Attorney General, Albany (Frank Brady of counsel), for respondent-respondent.

Appeal from a judgment (denominated order) of the Supreme Court, Cayuga County (Peter E. Corning, A.J.), entered October 26, 2006 in a habeas corpus proceeding. The judgment denied the petition.

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