Appellate Division of the Supreme Court of the State of New York October 1, 2004 (People ex rel. Smith v. Burge)

Appeal from a judgment (denominated order) of the Supreme Court, Onondaga County (John J. Brunetti, A.J.), dated November 26, 2002 in a proceeding pursuant to CPLR article 70. The judgment dismissed the petition.

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