People ex rel. Smith v New York State Div. of Parole
2009 NY Slip Op 09873 [68 AD3d 1766]
December 30, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 10, 2010


The People of the State of New York ex rel. Anthony Smith, Appellant,
v
New York State Division of Parole, Respondent.

—[*1] Christine M. Cook, Syracuse, for petitioner-appellant.

Andrew M. Cuomo, Attorney General, Albany (Zainab A. Chaudhry of counsel), for respondent-respondent.

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Onondaga County (John J. Brunetti, A.J.), entered July 16, 2008 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Hurlbutt, J.P., Smith, Fahey and Carni, JJ.