People of State of New York ex rel. v Anthony Zon

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People of State of New York ex rel. v Zon 2005 NY Slip Op 08476 [23 AD3d 1161] Decided on November 10, 2005 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 10, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, J.P., MARTOCHE, PINE, LAWTON, AND HAYES, JJ.
1285 KAH 04-00830

[*1]PEOPLE OF THE STATE OF NEW YORK EX REL. WALTER H. EMMONS, PETITIONER-APPELLANT, ORDER

v

ANTHONY ZON, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT.


Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Michael F. Pietruszka, A.J.), entered March 8, 2004. The judgment dismissed the petition.


SALVATORE C. ADAMO, BUFFALO, FOR PETITIONER-APPELLANT.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (MARTIN A. HOTVET OF COUNSEL), FOR RESPONDENT-RESPONDENT.


It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: November 10, 2005
JoAnn M. Wahl
Clerk of the Court

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