People ex rel. Vaden v Berbary

People ex rel. Vaden v Berbary 2007 NY Slip Op 09266 [45 AD3d 1440] November 23, 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. William Vaden, Appellant, v James L. Berbary, as Superintendent of Collins Correctional Facility, Respondent.

—[*1] Michael J. Stachowski, P.C., Buffalo (Michael J. Stachowski of counsel), for petitioner-appellant.

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Michael L. D'Amico, A.J.), entered May 3, 2006 in a proceeding pursuant to CPLR article 70. The judgment denied the petition for a writ of habeas corpus.

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.