People v Nicolato

People ex rel. Bethune v Nicolato 2014 NY Slip Op 08293 Decided on November 26, 2014 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: November 26, 2014
518778

[*1]THE PEOPLE OF THE STATE OF NEW YORK ex rel. DWAYNE BETHUNE, Appellant,

v

JEROME L. NICOLATO, as Superintendent of Ulster Correctional Facility, Respondent.

Calendar Date: October 21, 2014
Before: Lahtinen, J.P., Stein, Garry, Egan Jr. and Devine, JJ.

Dwayne Bethune, Hudson, appellant pro se.

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

MEMORANDUM AND ORDER

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.