SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
April 20, 2012
THE PEOPLE OF THE STATE OF NEW YORK EX REL. JAMES PEARCE, PETITIONER-APPELLANT,
ROBERT A. KIRKPATRICK, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT. (APPEAL NO. 1.)
Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Penny M. Wolfgang, J.), entered November 30, 2010 in a proceeding pursuant to CPLR article 70.
People ex rel. Pearce v Kirkpatrick
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 April 20, 2012
PRESENT: SCUDDER, P.J., SMITH, FAHEY, AND SCONIERS, JJ.
The judgment granted the motion of petitioner for leave to reargue, and upon reargument, adhered to the prior determination denying the petition for a writ of habeas corpus.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.
Entered: April 20, 2012
Frances E. Cafarell Clerk of the Court
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