Matter of Sperduti v New York State Exec. Dept. Div. of Parole
2009 NY Slip Op 00743 [59 AD3d 939]
February 6, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 1, 2009


In the Matter of Rose Sperduti, Appellant, v New York State Executive Department Division of Parole, Respondent.

—[*1] Chiacchia & Fleming, LLP, Hamburg (Christen Archer Pierrot of counsel), for petitioner-appellant.

Andrew M. Cuomo, Attorney General, Albany (Julie M. Sheridan of counsel), for respondent-respondent.

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Joseph D. Mintz, J.), entered October 2, 2007 in a proceeding pursuant to CPLR article 78. The judgment granted respondent's motion to dismiss the petition.

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