People ex rel. Hinton v Graham
2009 NY Slip Op 06964 [66 AD3d 1403]
October 2, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 9, 2009


The People of the State of New York ex rel. Robert C. Hinton, Jr., Appellant, v Harold Graham, Superintendent, Auburn Correctional Facility, Respondent. (Appeal No. 2.)

—[*1] D.J. & J.A. Cirando, Esqs., Syracuse (John A. Cirando of counsel), for petitioner-appellant.

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

Appeal from an order of the Supreme Court, Cayuga County (Thomas G. Leone, A.J.), entered June 15, 2007. The order denied the motion of petitioner for leave to reargue.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in People ex rel. Hinton v Graham (66 AD3d 1402 [2009]). Present—Scudder, P.J., Martoche, Peradotto, Carni and Gorski, JJ.