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People ex rel. Rivera v. Luft

Supreme Court of New York, Second Department

August 7, 2013

The People of the State of New York, ex rel. Carlos Rivera, petitioner,
v.
Martha Luft, etc., et al., respondents.

Robert J. Del Col, Smithtown, N.Y., for petitioner.

Eric T. Schneiderman, Attorney General, New York, N.Y. (Andrew Meier of counsel), for respondents Martha Luft and Barbara Lynaugh.

Dennis M. Brown, County Attorney, Hauppauge, N.Y. (Christopher M. Gatto of counsel), for respondent Charles Ewald.

RUTH C. BALKIN, J.P., L. PRISCILLA HALL, PLUMMER E. LOTT, ROBERT J. MILLER, JJ.

DECISION & JUDGMENT

Writ of habeas corpus in the nature of an application to release the petitioner from the Suffolk County Correctional Facility, where he is in custody pursuant to an order of commitment of the Family Court, Suffolk County (Luft, J.).

ADJUDGED that the writ is dismissed, without costs or disbursements.

Under the circumstances presented, the petitioner is not entitled to relief in a habeas corpus proceeding (see CPLR art 70; People ex rel. Vogelfang v Perez, 66 A.D.3d 1052; People ex rel. Douglas v Vincent, 67 A.D.2d 587, affd 50 N.Y.2d 901; cf. People ex rel. Bedell v Ercole, 71 A.D.3d 801).

BALKIN, J.P., HALL, LOTT and MILLER, JJ., concur.


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