Matter of McClain v New York State Dept. of Correctional Servs.
2011 NY Slip Op 00911 [81 AD3d 1324]
February 10, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 30, 2011


In the Matter of Hussayn McClain, Appellant, v New York State Department of Correctional Services et al., Respondents.

—[*1] Hussayn McClain, petitioner-appellant pro se.

Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondents-respondents.

Appeal from a judgment (denominated order) of the Supreme Court, Orleans County (James P. Punch, A.J.), entered February 2, 2010 in a proceeding pursuant to CPLR article 78. The judgment denied the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs. Present—Smith, J.P., Peradotto, Lindley, Sconiers and Martoche, JJ.