People ex rel. Cox v Hanstein

People ex rel. Cox v Hanstein 2013 NY Slip Op 08558 Decided on December 26, 2013 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: December 26, 2013
515355

[*1]THE PEOPLE OF THE STATE OF NEW YORK ex rel. KEITH T. COX, Appellant,

v

JAMES R. HANSTEIN, as Corrections Superintendent, Ulster County Sheriff's Office, et al., Respondents.

Calendar Date: October 22, 2013
Before: Rose, J.P., Lahtinen, McCarthy and Egan Jr., JJ.


Keith T. Cox, Jamaica, appellant pro se.
Eric T. Schneiderman, Attorney General, Albany
(Martin A. Hotvet of counsel), for respondents.


MEMORANDUM AND ORDER

Appeal from a judgment of the Supreme Court (Zwack, J.), entered March 19, 2012 in Ulster County, which denied petitioner's application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner commenced this proceeding pursuant to CPLR article 70 for a writ of habeas corpus claiming that he is entitled to be released because his due process rights were allegedly violated as the result of a preliminary parole revocation hearing. Supreme Court denied petitioner's application on the merits, and he sought to challenge that denial in this Court. However, inasmuch as our review of the record reveals, and the Ulster County Clerk's office has confirmed, that petitioner failed to file or serve a notice of appeal in accordance with CPLR 5513 (a) and 5515 (1), we lack jurisdiction and the appeal must be dismissed (see Matter of Johnson v Smith, 80 AD3d 931, 932 [2011]).

Rose, J.P., Lahtinen, McCarthy and Egan Jr., JJ., concur. [*2]

ORDERED that the appeal is dismissed, without costs.