Opinion
No. KAH 10-01010.
November 12, 2010.
Appeal from a judgment of the Supreme Court, Seneca County (Dennis F. Bender, A.J.), dated July 24, 2009 in a habeas corpus proceeding. The judgment ordered that petitioner be released to parole supervision.
ANDREW M. CUOMO, ATTORNEY GENERAL, ALBANY (RAJIT S. DOSANJH OF COUNSEL), FOR RESPONDENT-APPELLANT.
Present — Martoche, J.P., Sconiers, Green and Pine, 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, lv denied in part and dismissed in part 14 NY3d 883; People ex rel. Muhammad v Bradt, 68 AD3d 1391; People ex rel. Almodovar v Berbary, 67 AD3d 1419, lv denied 14 NY3d 703).