PEOPLE EX REL. CHANEY v. DAGOSTINO

520521.

137 A.D.3d 1436 (2016)

27 N.Y.S.3d 733

2016 NY Slip Op 01886

THE PEOPLE OF THE STATE OF NEW YORK ex rel. NAKIA CHANEY, Appellant, v. DOMINIC DAGOSTINO, as Schenectady County Sheriff, et al., Respondents.

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

Decided March 17, 2016.


Petitioner commenced this habeas corpus proceeding claiming to be illegally detained at the Schenectady County Correctional Facility. Supreme Court dismissed petitioner's application based upon petitioner's failure to satisfy the pleading requirements, including his failure to verify the petition and to attach to it the mandate under which he was detained or an explanation for why that mandate could not be obtained (see CPLR 7002 [c]). This appeal followed, and we...

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