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PEOPLE EX REL. CAMPBELL v. COLVIN

251 KAH 14-00819.

148 A.D.3d 1747 (2017)

2017 NY Slip Op 02532

49 N.Y.S.3d 330

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ERICK M. CAMPBELL, Appellant, v. J. COLVIN, Superintendent, Mid-State Correctional Facility, Respondent.

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

Decided March 31, 2017.

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

Memorandum: Petitioner appeals from a judgment that, inter alia, dismissed without a hearing his petition pursuant to CPLR article 70. Petitioner's contention that respondent failed to file a proper return under CPLR 7008 is unpreserved for our review (see People ex rel. Mitchell v Cully, 63 A.D.3d 1679, 1679 [2009], lv denied...

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