People ex rel. Bethune v Nicolato
2014 NY Slip Op 08293 [122 AD3d 1223]
November 26, 2014
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 31, 2014


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 The People of the State of New York ex rel. Dwayne Bethune, Appellant, v Jerome L. Nicolato, as Superintendent of Ulster Correctional Facility, Respondent.

Dwayne Bethune, Hudson, appellant pro se.

Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.

Appeal from a judgment of the Supreme Court (Gilpatric, J.), entered January 29, 2014 in Ulster County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 70, without a hearing.

Judgment affirmed. No opinion.

Lahtinen, J.P., Stein, Garry, Egan Jr. and Devine, JJ., concur. Ordered that the judgment is affirmed, without costs.