People ex rel. Robles v Warden Orleans State Prison
2014 NY Slip Op 01876 [115 AD3d 1213]
March 21, 2014
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 30, 2014


The People of the State of New York ex rel. Nicholas Robles, Appellant, v Warden Orleans State Prison et al., Respondents.

—[*1] Steven D. Sessler, Geneseo, for petitioner-appellant.

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

Appeal from a judgment (denominated order) of the Supreme Court, Orleans County (James P. Punch, A.J.), entered October 25, 2012 in a proceeding pursuant to CPLR article 70. The judgment converted the petition under CPLR article 70 to one under CPLR article 78 and 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—Scudder, P.J., Centra, Peradotto, Lindley and Whalen, JJ.