People ex rel. Harmon v Graham
2011 NY Slip Op 06700 [87 AD3d 1305]
September 30, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 9, 2011


The People of the State of New York ex rel. Kalvin Harmon, Appellant,
v
Harold D. Graham, Superintendent, Auburn Correctional Facility, Respondent.

—[*1] David P. Elkovitch, Auburn, for petitioner-appellant.

Eric T. Schneiderman, Attorney General, Albany (Frank Brady of counsel), for respondent-respondent.

Appeal from a judgment (denominated decision and order) of the Supreme Court, Cayuga County (Mark H. Fandrich, A.J.), entered May 17, 2010 in a habeas corpus proceeding. The judgment denied and dismissed the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Centra, J.P., Peradotto, Carni, Green and Gorski, JJ.