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People v. Raymond Cunningham

Appellate Division of the Supreme Court of New York, Third Department
May 13, 2010
73 A.D.3d 1307 (N.Y. App. Div. 2010)

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.


Summaries of

People v. Raymond Cunningham

Appellate Division of the Supreme Court of New York, Third Department
May 13, 2010
73 A.D.3d 1307 (N.Y. App. Div. 2010)
Case details for

People v. Raymond Cunningham

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. GEORGE PEREZ, Appellant, v…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: May 13, 2010

Citations

73 A.D.3d 1307 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 4087
901 N.Y.S.2d 875