People ex rel. Perez v. Cunningham
This text of 73 A.D.3d 1307 (People ex rel. Perez v. Cunningham) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Appeal from a judgment of the Supreme Court (LaBuda, J), entered June 30, 2009 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.
[1308]*1308Petitioner’s claim on this appeal, like the ones asserted in People ex rel. Germenis v Cunningham (73 AD3d 1297 [2010] [decided herewith]) and People ex rel. St. Pierre v Cunningham (73 AD3d 1310 [2010] [decided herewith]), sounds in breach of contract and is based upon the provisions of form 3617 of the Department of Correctional Services. For the reasons set forth in People ex rel. Germenis v Cunningham (supra) and People ex rel. St. Pierre v Cunningham (supra), we find petitioner’s breach of contract claim to be unavailing.
Mercure, J.P., Spain, Lahtinen, Stein and Garry, JJ., concur. Ordered that the judgment is affirmed, without costs.
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73 A.D.3d 1307, 901 N.Y.S.2d 875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-perez-v-cunningham-nyappdiv-2010.