Opinion
KAH 08-00685.
Decided on March 20, 2009.
Appeal from an order of the Supreme Court, Oneida County (Robert F. Julian, J.), entered December 11, 2007. The order denied the application of petitioner for leave to reargue the dismissal of his petition for a writ of habeas corpus.
DAVID M. GIGLIO, UTICA, FOR PETITIONER-APPELLANT.
ANDREW M. CUOMO, ATTORNEY GENERAL, ALBANY (FRANK K. WALSH OF COUNSEL), FOR RESPONDENT-RESPONDENT.
PRESENT: HURLBUTT, J.P., SMITH, FAHEY, GREEN, AND PINE, JJ.
It is hereby ORDERED that said appeal is unanimously dismissed without costs ( see Empire Ins. Co. v Food City, 167 AD2d 983, 984).