People ex rel. Pitts v Kirkpatrick
2012 NY Slip Op 01939 [93 AD3d 1209]
March 16, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 25, 2012


The People of the State of New York ex rel. Bernard Pitts, Appellant, v Robert A. Kirkpatrick, Superintendent, Wende Correctional Facility, et al., Respondents.

—[*1] Thomas E. Andruschat, East Aurora, for petitioner-appellant.

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (M. William Boller, A.J.), entered July 8, 2009 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—Centra, J.P., Carni, Lindley, Sconiers and Martoche, JJ.