People ex rel. DeGroat v Kelly
2014 NY Slip Op 01913 [115 AD3d 1236]
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. Richard DeGroat, Appellant,
v
Charles Kelly, Jr., Superintendent, Marcy Correctional Facility, Respondent.

—[*1] Richard DeGroat, petitioner-appellant pro se.

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

Appeal from a judgment (denominated order) of the Supreme Court, Oneida County (David A. Murad, J.), entered January 17, 2013 in a habeas corpus proceeding. The judgment 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—Smith, J.P., Fahey, Lindley, Sconiers and Valentino, JJ.