PEOPLE EX REL. KEARNEY v. BARTLETT

520205.

131 A.D.3d 1313 (2015)

16 N.Y.S.3d 357

2015 NY Slip Op 06849

THE PEOPLE OF THE STATE OF NEW YORK ex rel. THOMAS A. KEARNEY, Appellant, v. DAVID BARTLETT, as Columbia County Sheriff, Respondent.

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

Decided September 17, 2015.


Petitioner attempted to commence this habeas corpus proceeding seeking his immediate release from jail following his arrest on alleged parole violations. Supreme Court denied the application based upon the failure of the petition to be verified in accordance with CPLR 7002 (c). Petitioner's subsequent motion for reconsideration was denied. These appeals ensued.

Even if the deficiencies in petitioner's application for a...

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