HEMPHILL, JOHN v. MCCARDLE, BARRY

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 34 KAH 15-00938 PRESENT: SMITH, J.P., DEJOSEPH, NEMOYER, TROUTMAN, AND SCUDDER, JJ. THE PEOPLE OF THE STATE OF NEW YORK EX REL. JOHN HEMPHILL, PETITIONER-APPELLANT, V ORDER BARRY MCCARDLE, SUPERINTENDENT, WATERTOWN CORRECTIONAL FACILITY AND ANTHONY J. ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENTS-RESPONDENTS. D.J. & J.A. CIRANDO, ESQS., SYRACUSE (JOHN A. CIRANDO OF COUNSEL), FOR PETITIONER-APPELLANT. ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (MARTIN A. HOTVET OF COUNSEL), FOR RESPONDENTS-RESPONDENTS. Appeal from a judgment (denominated order) of the Supreme Court, Jefferson County (James P. McClusky, J.), entered March 17, 2015 in a habeas corpus proceeding. The judgment denied the petition. It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Entered: February 3, 2017 Frances E. Cafarell Clerk of the Court