Appellate Division of the Supreme Court of the State of New York April 3, 2012 (People ex rel. Gutierrez v. Perez)

In a proceeding pursuant to CPLR article 70 for a writ of habeas corpus, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Forman, J.), dated August 25, 2010, which, without a hearing, denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, without costs or disbursements.