Matter of Howell v Martuscello

Matter of Howell v Martuscello 2017 NY Slip Op 08567 Decided on December 7, 2017 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: December 7, 2017
524392

[*1]In the Matter of JEROME HOWELL, Appellant,

v

DANIEL MARTUSCELLO, as Superintendent of Coxsackie Correctional Facility, et al., Respondents.

Calendar Date: October 24, 2017
Before: McCarthy, J.P., Egan Jr., Rose, Clark and Pritzker, JJ.

Jerome Howell, Attica, appellant pro se.

Eric T. Schneiderman, Attorney General, Albany (Joseph M. Spadola of counsel), for respondents.

MEMORANDUM AND ORDER

Appeal from a judgment of the Supreme Court (Hartman, J.), entered August 19, 2016 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents' motion to dismiss the petition.

Judgment affirmed. No opinion.

McCarthy, J.P., Egan Jr., Rose, Clark and Pritzker, JJ., concur.

ORDERED that the judgment is affirmed, without costs.