People ex rel. Martinek v Cully
2010 NY Slip Op 08475 [78 AD3d 1654]
November 19, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 19, 2011


The People of the State of New York ex rel. Shannon Martinek, Appellant, v Malcolm Cully, Superintendent, Livingston Correctional Facility, Respondent. (Appeal No. 2.)

—[*1] Emmett J. Creahan, Director, Mental Hygiene Legal Service, Rochester (Dana M. Ragsdale of counsel), for petitioner-appellant. Andrew M. Cuomo, Attorney General, Albany (Frank Brady of counsel), for respondent-respondent.

Appeal from a judgment of the Supreme Court, Livingston County (Dennis S. Cohen, A.J.), entered April 10, 2009. The judgment dismissed the petition for a writ of habeas corpus.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in People ex rel. Mental Hygiene Legal Serv. v Sawyer (78 AD3d 1653 [2010]). Present—Martoche, J.P., Lindley, Sconiers, Pine and Gorski, JJ.