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The People of the State of New York Ex Rel. John D. Vanille v. Superintendent

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


March 25, 2011

THE PEOPLE OF THE STATE OF NEW YORK EX REL. JOHN D. VANILLE,
PETITIONER-RESPONDENT,
v.
SUPERINTENDENT, ORLEANS CORRECTIONAL FACILITY, NEW YORK STATE
DEPARTMENT OF CORRECTIONAL SERVICES, NEW YORK STATE DIVISION OF PAROLE AND NEW YORK STATE ATTORNEY GENERAL,
RESPONDENTS-APPELLANTS.

Appeal from an order of the Supreme Court, Orleans County (Tracey A. Bannister, J.), entered May 8, 2009 in a proceeding pursuant to CPLR article 70. The order granted the petition for a writ of habeas corpus and directed respondent New York State Department of Correctional Services to release petitioner from custody.

People ex rel. JOHN D. VANILLE v Superintendent

Appellate Division, Fourth 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 on March 25, 2011

PRESENT: SMITH, J.P., FAHEY, CARNI, SCONIERS, AND MARTOCHE, JJ.

APPEAL NO. 1.

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see generally CPLR 5501 [a] [1]; Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988).

Entered: March 25, 2011

Patricia L. Morgan Clerk of the Court

20110325

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