IN RE: Clifford Fratello (2011)

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

IN RE: Clifford Fratello, petitioner, v. Dorothy Fratello, respondent.

2011–09771

Decided: December 20, 2011

REINALDO E. RIVERA, J.P. RANDALL T. ENG SHERI S. ROMAN SANDRA L. SGROI, JJ.

Joseph B. Fazio, Bohemia, N.Y., for petitioner. Gilbert L. Balanoff, Mineola, N.Y., for respondent.

DECISION & JUDGMENT

Writ of habeas corpus in the nature of an application to release the petitioner from the Suffolk County Correctional Facility, where he is in custody pursuant to an order of commitment of the Supreme Court, Suffolk County (Bivona, J.), dated September 27, 2011.

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

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

RIVERA, J.P., ENG, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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