Opinion
No. KAH 09-01462.
April 30, 2010.
Appeal from a judgment of the Supreme Court, Seneca County (Dennis F. Bender, A.J.), entered March 3, 2009 in a habeas corpus proceeding. The judgment granted the petition and directed release of petitioner to parole supervision.
ANDREW M. CUOMO, ATTORNEY GENERAL, ALBANY (RAJIT S. DOSANJH OF COUNSEL), FOR RESPONDENT-APPELLANT.
CHARLES J. GREENBERG, BUFFALO, FOR PETITIONER-RESPONDENT.
Present: Scudder, P.J., Martoche, Fahey, Green and Gorski, JJ.
It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs and the petition is dismissed ( see People ex rel. Van Steenburg v Wasser, 69 AD3d 1135; People ex rel. Muhammad v Bradt, 68 AD3d 1391; People ex rel. Almodovar v Berbary, 67 AD3d 1419, lv denied 14 NY3d 703).