People ex rel. Lancaster v Nash

People ex rel. Lancaster v Nash 2010 NY Slip Op 08269 [78 AD3d 1592] November 12, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 19, 2011

The People of the State of New York ex rel. Jason Lancaster, Also Known as Jason Livingston, Respondent, v Michael Nash, Acting Superintendent, Willard Drug Treatment Campus, Appellant.

—[*1] Andrew M. Cuomo, Attorney General, Albany (Rajit S. Dosanjh of counsel), for respondent-appellant.

Appeal from a judgment of the Supreme Court, Seneca County (Dennis F. Bender, A.J.), dated July 24, 2009 in a habeas corpus proceeding. The judgment ordered that petitioner be released to parole supervision.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs and the petition is dismissed (see People ex rel. Van Steenburg v Wasser, 69 AD3d 1135 [2010], lv denied in part and dismissed in part 14 NY3d 883 [2010]; People ex rel. Muhammad v Bradt, 68 AD3d 1391 [2009]; People ex rel. Almodovar v Berbary, 67 AD3d 1419 [2009], lv denied 14 NY3d 703 [2010]). Present—Martoche, J.P., Sconiers, Green and Pine, JJ.