People ex rel. Costanzo v Morrissey
2010 NY Slip Op 01208 [70 AD3d 1407]
February 11, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 31, 2010


The People of the State of New York ex rel. James Costanzo, Appellant, v James Morrissey, Superintendent, Butler Correctional Facility, Respondent.

—[*1] Robert A. DiNieri, Clyde, for petitioner-appellant.

Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent-respondent.

Appeal from a judgment of the Supreme Court, Wayne County (John B. Nesbitt, A.J.), entered March 5, 2009 in a habeas corpus proceeding. The judgment denied the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Fahey, Lindley and Green, JJ.