The People, etc., ex rel. James J. Nolletti, on behalf of Robert Bitter, petitioner, v. Kevin Cheverko, Acting Commissioner of Correction of Westchester County, respondent; Kathleen Bitter, nonparty. (2010)

Supreme Court, Appellate Division, Second Department, New York.

The People, etc., ex rel. James J. Nolletti, on behalf of Robert Bitter, petitioner, v. Kevin Cheverko, Acting Commissioner of Correction of Westchester County, respondent; Kathleen Bitter, nonparty.

2010-05889

Decided: August 17, 2010

HOWARD MILLER, J.P. L. PRISCILLA HALL LEONARD B. AUSTIN SHERI S. ROMAN, JJ.

Collier, Halpern, Newberg, Nolletti & Bock, LLP, White Plains, N.Y. (James J. Nolletti, pro se, of counsel), for petitioner. Robert F. Meehan, County Attorney, White Plains, N.Y. (Thomas G. Gardiner of counsel), for respondent. Slade & Newman, LLP, New York, N.Y. (Louis I. Newman of counsel), for nonparty Kathleen Bitter.

Submitted-June 25, 2010

DECISION & JUDGMENT'

Writ of habeas corpus in the nature of an application to release the petitioner from the Westchester County Jail, where he is in custody pursuant to an order of commitment of the Supreme Court, Westchester County (Tolbert, J.), dated March 26, 2010.

ADJUDGED that the writ is dismissed, without costs and disbursements.

Under the circumstances presented, the petitioner is not entitled to relief in a habeas corpus proceeding (see CPLR article 70; People ex rel. Vogelfang v. Perez, 66 AD3d 1052; People ex rel. Douglas v. Vincent, 67 A.D.2d 587, affd 50 N.Y.2d 901; cf. People ex rel. Bedell v. Ercole, 71 AD3d 801).

MILLER, J.P., HALL, AUSTIN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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