People of State of New York ex rel. Howard Carmack v David M. Ungerer
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People ex rel. Carmack v Ungerer
2006 NY Slip Op 04707 [30 AD3d 1109]
June 9, 2006
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 23, 2006
The People of the State of New York ex rel. Howard Carmack, Appellant, v David M. Ungerer, as Superintendent of Orleans Correctional Facility, Respondent.
The People of the State of New York ex rel. Howard Carmack, Appellant, v David M. Ungerer, as Superintendent of Orleans Correctional Facility, Respondent.
—[*1]Appeal from a judgment (denominated order) of the Supreme Court, Orleans County (James P. Punch, A.J.), entered March 4, 2005 in a proceeding pursuant to CPLR article 70. The judgment dismissed the petition.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs. Present—Kehoe, J.P., Gorski, Martoche, Pine and Hayes, JJ.
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