People ex rel. Muntaqim v Berbary
2007 NY Slip Op 09265 [45 AD3d 1440]
November 23, 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. Ahmad A. Muntaqim, Appellant, v James L. Berbary, as Superintendent of Collins Correctional Facility, Respondent.

—[*1] Thomas E. Andruschat, East Aurora, for petitioner-appellant.

Ahmad A. Muntaqim, petitioner-appellant pro se.

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Michael L. D'Amico, A.J.), entered May 8, 2006 in a proceeding pursuant to CPLR article 70. The judgment denied the petition for a writ of habeas corpus.

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.