People ex rel. Sandy v Graham
2013 NY Slip Op 07343 [111 AD3d 1326]
November 8, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 25, 2013


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

—[*1] Williams, Heinl, Moody & Buschman, P.C., Auburn (Mario J. Gutierrez of counsel), for petitioner-appellant.

Kester Sandy, petitioner-appellant pro se.

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

Appeal from a judgment (denominated memorandum, decision and order) of the Supreme Court, Cayuga County (Mark H. Fandrich, A.J.), entered April 20, 2012 in a proceeding pursuant to CPLR article 70. 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—Fahey, J.P., Peradotto, Lindley, Sconiers and Whalen, JJ.