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PEOPLE EX REL. PLANTER v. McCOY

1 A.D.3d 1012 (2003)

767 N.Y.S.2d 357

THE PEOPLE OF STATE OF NEW YORK ex rel. MITCHELL PLANTER, Appellant, v. JOSEPH McCOY, as Superintendent of Cayuga Correctional Facility, et al., Respondents.

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

November 21, 2003.

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

Memorandum:

Supreme Court properly dismissed the petition seeking a writ of habeas corpus. We agree with petitioner that he properly commenced this special proceeding by filing the notice of petition and petition with the clerk of the court (see CPLR 304; Matter of Grant v Senkowski, 95 N.Y.2d 605<...

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