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The People of the State of New York Ex Rel. James Pearce, Petitioner-Appellant v. Robert A. Kirkpatrick

April 20, 2012

THE PEOPLE OF THE STATE OF NEW YORK EX REL. JAMES PEARCE, PETITIONER-APPELLANT,
v.
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

20120420

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