THE PEOPLE OF THE STATE OF NEW YORK EX REL JAMES PEARCE PETITIONER APPELLANT v. APPEAL NO

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

THE PEOPLE OF THE STATE OF NEW YORK EX REL. JAMES PEARCE, PETITIONER–APPELLANT, v. ROBERT A. KIRKPATRICK, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, RESPONDENT–RESPONDENT. (APPEAL NO. 1.)

KAH 11–00152

Decided: April 20, 2012

PRESENT:  SCUDDER, P.J., SMITH, FAHEY, AND SCONIERS, JJ. THOMAS E. ANDRUSCHAT, EAST AURORA, FOR PETITIONER–APPELLANT.

ORDER

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

Frances E. Cafarell

Clerk of the Court