People ex rel. Agosto v Chappius
2015 NY Slip Op 05535 [129 AD3d 1407]
June 25, 2015
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 5, 2015


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 The People of the State of New York ex rel. Rafael Agosto, Appellant, v Paul Chappius Jr., as Superintendent of Elmira Correctional Facility, Respondent.

Rafael Agosto, Comstock, appellant pro se.

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

Appeal from a judgment of the Supreme Court (Hayden, J.), entered November 26, 2013 in Chemung County, which denied petitioner's application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Judgment affirmed. No opinion.

McCarthy, J.P., Rose, Lynch and Clark, JJ., concur. Ordered that the judgment is affirmed, without costs.