People ex rel. Powell v New York State Dept. of Correctional Servs.
2010 NY Slip Op 05086 [74 AD3d 1784]
June 11, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 25, 2010


The People of the State of New York ex rel. Calvin Powell, Appellant, v New York State Department of Correctional Services, Respondent.

—[*1] Dennis Claus, Liverpool, for petitioner-appellant.

Andrew M. Cuomo, Attorney General, Albany (Frank Brady of counsel), for respondent-respondent.

Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered June 5, 2008 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., Peradotto, Lindley, Green and Gorski, JJ.