MCCLAIN, HUSSAYN v. NEW YORK STATE DEPARTMENT OF CORREC, TIONAL SERVICES

Appellate Division of the Supreme Court of New York

MCCLAIN, HUSSAYN v. NEW YORK STATE DEPARTMENT OF CORREC, TIONAL SERVICES

Appellate Division of the Supreme Court of the State of New York·Decided February 10, 2011·No. CA 10-00854·Published

Opinion

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 211 CA 10-00854 PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, JJ.

IN THE MATTER OF HUSSAYN MCCLAIN, PETITIONER-APPELLANT,

V ORDER

NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES AND NEW YORK STATE EXECUTIVE BOARD OF PAROLE, RESPONDENTS-RESPONDENTS.

HUSSAYN MCCLAIN, PETITIONER-APPELLANT PRO SE.

ANDREW M. CUOMO, ATTORNEY GENERAL, ALBANY (MARCUS J. MASTRACCO OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.

Appeal from a judgment (denominated order) of the Supreme Court, Orleans County (James P. Punch, A.J.), entered February 2, 2010 in a proceeding pursuant to CPLR article 78. The judgment denied the petition.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.

Entered: February 10, 2011 Patricia L. Morgan Clerk of the Court

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SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 211 CA 10-00854 PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, JJ.

IN THE MATTER OF HUSSAYN MCCLAIN, PETITIONER-APPELLANT,

V ORDER

NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES AND NEW YORK STATE EXECUTIVE BOARD OF PAROLE, RESPONDENTS-RESPONDENTS.

HUSSAYN MCCLAIN, PETITIONER-APPELLANT PRO SE.

ANDREW M. CUOMO, ATTORNEY GENERAL, ALBANY (MARCUS J. MASTRACCO OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.

Appeal from a judgment (denominated order) of the Supreme Court, Orleans County (James P. Punch, A.J.), entered February 2, 2010 in a proceeding pursuant to CPLR article 78. The judgment denied the petition.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.

Entered: February 10, 2011 Patricia L. Morgan Clerk of the Court

MCCLAIN, HUSSAYN v. NEW YORK STATE DEPARTMENT OF CORREC, TIONAL SERVICES, (N.Y. Ct. App. 2011).

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