People ex rel. Franza v James
2014 NY Slip Op 04370 [118 AD3d 1357]
June 13, 2014
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 30, 2014


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 The People of The State of New York ex rel. Dominic M. Franza, Appellant, v Randy K. James, Superintendent, Livingston Correctional Facility, Respondent.

Dominic M. Franza, petitioner-appellant pro se.

Eric T. Schneiderman, Attorney General, Albany (Martin A. Hotvet of counsel), for respondent-respondent.

Appeal from a judgment (denominated order and judgment) of the Supreme Court, Livingston County (Dennis S. Cohen, A.J.), entered January 28, 2013 in a proceeding pursuant to CPLR article 70. 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—Scudder, P.J., Smith, Carni, Lindley and Whalen, JJ.