People ex rel. Auleta v Berbary
2011 NY Slip Op 02211 [82 AD3d 1641]
March 25, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 11, 2011


The People of the State of New York ex rel. Francis Auleta, Appellant,
v
James L. Berbary, Superintendent, Collins Correctional Facility, Respondent.

—[*1] Kevin J. Bauer, Albany, for petitioner-appellant.

Andrew M. Cuomo, Attorney General, Albany (Marlene O. Tuczinski of counsel), for respondent-respondent.

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (M. William Boller, A.J.), entered January 19, 2010 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., Centra, Carni, Sconiers and Green, JJ.