PEOPLE EX REL. BERNARD v. CUNNINGHAM

507681.

73 A.D.3d 1306 (2010)

901 N.Y.S.2d 875

THE PEOPLE OF THE STATE OF NEW YORK ex rel. PAUL BERNARD, Appellant, v. RAYMOND CUNNINGHAM, as Superintendent of Woodbourne Correctional Facility, et al., Respondents.

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

Decided May 13, 2010.


Petitioner brought the instant application pursuant to CPLR article 70 for a writ of habeas corpus challenging the denial of his request for parole release. Supreme Court signed the writ and directed the manner in which the papers were to be served upon respondents as well as the Attorney General. Respondent successfully moved to dismiss the petition due to, among other things, petitioner's failure to comply with the service requirements, and this appeal ensued.

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