Opinion
No. 507706.
May 13, 2010.
Appeal from a judgment of the Supreme Court (LaBuda, J.), entered June 30, 2009 in Sullivan County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 70, without a hearing.
George Perez, Woodbourne, appellant pro se.
Andrew M. Cuomo, Attorney General, New York City (Laura Johnson of counsel), for respondents.
Before: Mercure, J.P., Spain, Lahtinen, Stein and Garry, JJ., concur.
Petitioner's claim on this appeal, like the ones asserted in People ex rel. Germenis v Cunningham ( 73 AD3d 1297 [decided herewith]) and People ex rel. St. Pierre v Cunningham ( 73 AD3d 1310 [decided herewith]), sounds in breach of contract and is based upon the provisions of form 3617 of the Department of Correctional Services. For the reasons set forth in People ex rel. Germenis v Cunningham (supra) and People ex rel. St. Pierre v Cunningham (supra), we find petitioner's breach of contract claim to be unavailing.
Ordered that the judgment is affirmed, without costs.