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

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,
v.
ROBERT A. KIRKPATRICK, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY,
RESPONDENT-RESPONDENT. (APPEAL NO. 2.)

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Penny M. Wolfgang, J.), dated October 18, 2010 in a proceeding pursuant to CPLR article 70.

People ex rel. Pearce v Kirkpatrick

Decided on April 20, 2012

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.

PRESENT: SCUDDER, P.J., SMITH, FAHEY, AND SCONIERS, JJ.

The judgment, insofar as appealed from, denied the petition for a writ of habeas corpus.

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Loafin' Tree Rest. v Pardi [appeal No. 1], 162 AD2d 985).

Entered: April 20, 2012

Frances E. Cafarell Clerk of the Court

20120420

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