Matter of Patterson v Berbary

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Matter of Patterson v Berbary 2010 NY Slip Op 05919 [75 AD3d 1104] July 2, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, September 1, 2010

In the Matter of Emmanuel D. Patterson, Appellant, v James L. Berbary, Superintendent, Collins Correctional Facility, et al., Respondents.

—[*1] Emmanuel D. Patterson, petitioner-appellant pro se.

Andrew M. Cuomo, Attorney General, Albany (Kate H. Nepveu of counsel), for respondents-respondents.

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Russell P. Buscaglia, A.J.), entered September 18, 2009 in a proceeding pursuant to CPLR articles 70 and 78. The judgment dismissed the petition.

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

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