Majority
p. 1307The People of the State of New York ex rel. George Perez, Appellant, v Raymond Cunningham, as Superintendent of Woodbourne Correctional Facility, et al., Respondents. [901 NYS2d 875]
Appeal from a judgment of the Supreme Court (LaBuda, J), entered June 30, 2009 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.
p. 1308
Petitioner’s claim on this appeal, like the ones asserted in People ex rel. Germenis v Cunningham ( 73 AD3d 1297 [2010] [decided herewith]) and People ex rel. St. Pierre v Cunningham ( 73 AD3d 1310 [2010] [decided herewith]), sounds in breach of contract and is based upon the provisions of form 3617 of the Department of Correctional Services. For the reasons set forth in People ex rel. Germenis v Cunningham (supra) and People ex rel. St. Pierre v Cunningham (supra), we find petitioner’s breach of contract claim to be unavailing.
Mercure, J.P., Spain, Lahtinen, Stein and Garry, JJ., concur. Ordered that the judgment is affirmed, without costs.
Cases cited
- People ex rel. Germenis v. Cunningham 73 AD3d 1297 p. 1308
- People ex rel. Pierre v. Cunningham 73 AD3d 1310 p. 1308