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,
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]).
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