Matter of Usera v Berbary
2007 NY Slip Op 08613 [45 AD3d 1376]
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


In the Matter of Luis Usera, Appellant, v James L. Berbary, as Superintendent of Collins Correctional Facility, et al., Respondents.

—[*1] Wyoming County-Attica Legal Aid Bureau, Attica (Norman P. Effman of counsel), for petitioner-appellant.

Andrew M. Cuomo, Attorney General, Albany (David M. Finkelstein of counsel), for respondents-respondents.

Appeal from a judgment of the Supreme Court, Erie County (Mario J. Rossetti, A.J.), dated June 1, 2005 in a proceeding pursuant to CPLR article 78. The judgment dismissed the amended 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., Martoche, Smith, Lunn and Pine, JJ.