SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
515
KAH 11-02376
PRESENT: SCUDDER, P.J., SMITH, FAHEY, AND SCONIERS, JJ.
THE PEOPLE OF THE STATE OF NEW YORK EX REL.
JAMES PEARCE, PETITIONER-APPELLANT,
V ORDER
ROBERT A. KIRKPATRICK, SUPERINTENDENT, WENDE
CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT.
(APPEAL NO. 2.)
THOMAS E. ANDRUSCHAT, EAST AURORA, FOR PETITIONER-APPELLANT.
Appeal from a judgment (denominated order) of the Supreme Court,
Erie County (Penny M. Wolfgang, J.), dated October 18, 2010 in a
proceeding pursuant to CPLR article 70. The judgment, insofar as
appealed from, denied the petition for a writ of habeas corpus.
It is hereby ORDERED that said appeal is unanimously dismissed
without costs (see Loafin’ Tree Rest. v Pardi [appeal No. 1], 162 AD2d
985).
Entered: April 20, 2012 Frances E. Cafarell
Clerk of the Court