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The People of the State of New York ex rel. James Pearce, Appellant, v. Robert A. Kirkpatrick, Superintendent, Wende Correctional Facility, Respondent

New York Supreme Court, Appellate Division2012-04-20No. Appeal No. 1
94 A.D.3d 1442944 N.Y.S.2d 712

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Opinion

majority opinion

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. 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. Present — Scudder, P.J., Smith, Fahey and Sconiers, JJ.