People ex rel. Pearce v Kirkpatrick
2012 NY Slip Op 03010 [94 AD3d 1442]
April 20, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 23, 2012


The People of the State of New York ex rel. James Pearce, Appellant, v Robert A. Kirkpatrick, Superintendent, Wende Correctional Facility, Respondent. (Appeal No. 1.)

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

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Penny M. Wolfgang, J.), entered November 30, 2010 in a proceeding pursuant to CPLR article 70. The judgment granted the motion of petitioner for leave to reargue, and upon reargument, adhered to the prior determination denying the petition for a writ of habeas corpus.

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