People ex rel. Rucker v Graham

People ex rel. Rucker v Graham 2007 NY Slip Op 08539 [45 AD3d 1322] November 9, 2007 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 16, 2008

The People of the State of New York ex rel. Daryl Rucker, Appellant, v Harold Graham, as Superintendent of Auburn Correctional Facility, Respondent.

—[*1] Charles A. Marangola, Moravia, for petitioner-appellant.

Andrew M. Cuomo, Attorney General, Albany (Frank Brady of counsel), for respondent-respondent.

Appeal from a judgment (denominated order) of the Supreme Court, Cayuga County (Peter E. Corning, A.J.), entered October 26, 2006 in a habeas corpus proceeding. The judgment denied the petition.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs. Present—Scudder, P.J., Gorski, Lunn, Peradotto and Green, JJ.