People ex rel. Dudley v Khahaifa
2013 NY Slip Op 06151 [109 AD3d 1142]
September 27, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 30, 2013


The People of the State of New York ex rel. Frank Dudley, Appellant, v Sibatu Khahaifa, Superintendent, Orleans Correctional Facility, Respondent.

—[*1] D.J. & J.A. Cirando, Esqs., Syracuse (Bradley E. Keem of counsel), for petitioner-appellant.

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

Appeal from a judgment (denominated order) of the Supreme Court, Orleans County (James P. Punch, A.J.), dated August 25, 2011 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 for reasons stated in the decision at Supreme Court. Present—Smith, J.P., Carni, Sconiers and Valentino, JJ.