People ex rel. Perales v Lempke
2010 NY Slip Op 01223 [70 AD3d 1415]
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. Richard Perales, Appellant, v John Lempke, Superintendent, Five Points Correctional Facility, Respondent.

—[*1] Charles J. Greenberg, Buffalo, for petitioner-appellant.

Appeal from a judgment of the Supreme Court, Seneca County (Dennis F. Bender, A.J.), entered October 10, 2008 in a habeas corpus proceeding. 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—Centra, J.P., Fahey, Peradotto, Carni and Lindley, JJ.