Opinion
No. KAH 09-01030.
March 19, 2010.
Appeal from a judgment of the Supreme Court, Seneca County (Dennis F. Bender, A.J.), entered November 19, 2008 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.
Present: Hurlbutt, J.P., Martoche, Smith, Carni and Pine, JJ.
It is hereby ordered that the judgment so appealed from is 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 ___ NY3d ___, 2010 NY Slip Op 63468).
All concur except Hurlbutt, J.P., who is not participating.