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People ex rel Martinek v. Cully

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


November 19, 2010

THE PEOPLE OF THE STATE OF NEW YORK EX REL. SHANNON MARTINEK, PETITIONER-APPELLANT,
v.
MALCOLM CULLY, SUPERINTENDENT, LIVINGSTON CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT. (APPEAL NO. 2.)

Appeal from a judgment of the Supreme Court, Livingston County (Dennis S. Cohen, A.J.), entered April 10, 2009. The judgment dismissed the petition for a writ of habeas corpus.

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.

PRESENT: MARTOCHE, J.P., LINDLEY, SCONIERS, PINE, AND GORSKI, JJ.

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Same Memorandum as in People ex rel. Martinek v Sawyer ([appeal No. 1] ___ AD3d ___ [Nov. 19, 2010]).

20101119

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