Opinion
2012-04-20
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. The judgment, insofar as appealed from, denied the petition for a writ of habeas corpus.Thomas E. Andruschat, East Aurora, for petitioner–appellant.
It is hereby ORDERED that said appeal is unanimously dismissed without costs ( see Loafin' Tree Rest. v. Pardi [Appeal No. 1], 162 A.D.2d 985, 559 N.Y.S.2d 154).