People ex rel. Smith v Williams
2010 NY Slip Op 03663 [72 AD3d 1611]
April 30, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 9, 2010


The People of the State of New York ex rel. Melvin Smith, Respondent, v Melvin Williams, Superintendent, Willard Drug Treatment Campus, Appellant.

—[*1] Andrew M. Cuomo, Attorney General, Albany (Rajit S. Dosanjh of counsel), for respondent-appellant.

Charles J. Greenberg, Buffalo, for petitioner-respondent.

Appeal from a judgment of the Supreme Court, Seneca County (Dennis F. Bender, A.J.), entered March 3, 2009 in a habeas corpus proceeding. The judgment granted the petition and directed release of petitioner to parole supervision.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs and the petition is dismissed (see People ex rel. Van Steenburg v Wasser, 69 AD3d 1135 [2010]; People ex rel. Muhammad v Bradt, 68 AD3d 1391 [2009]; People ex rel. Almodovar v Berbary, 67 AD3d 1419 [2009], lv denied 14 NY3d 703 [2010]). Present—Scudder, P.J., Martoche, Fahey, Green and Gorski, JJ.