| People ex rel. Perez v Cunningham |
| 2010 NY Slip Op 04087 [73 AD3d 1307] |
| May 13, 2010 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York ex rel. George Perez, Appellant, v Raymond Cunningham, as Superintendent of Woodbourne Correctional Facility, et al., Respondents. |
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Andrew M. Cuomo, Attorney General, New York City (Laura Johnson of counsel), for
respondents.
Appeal from a judgment of the Supreme Court (LaBuda, J.), entered June 30, 2009 in Sullivan County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 70, without a hearing.
Petitioner's claim on this appeal, like the ones asserted in People ex rel. Germenis v Cunningham (73 AD3d 1297 [2010] [decided herewith]) and People ex rel. St. Pierre v Cunningham (73 AD3d 1310 [2010] [decided herewith]), sounds in breach of contract and is based upon the provisions of form 3617 of the Department of Correctional Services. For the reasons set forth in People ex rel. Germenis v Cunningham (supra) and People ex rel. St. Pierre v Cunningham (supra), we find petitioner's breach of contract claim to be unavailing.
Mercure, J.P., Spain, Lahtinen, Stein and Garry, JJ., concur. Ordered that the judgment is affirmed, without costs.