People ex rel. Rubio v. Johnson

—Appeal from judgment insofar as it denied reargument unanimously dismissed (see, Empire Ins. Co. v Food City, 167 AD2d 983, 984) and otherwise judgment reversed on the law and petition dismissed. Same Memorandum as in Matter of Rubio v New York State Dept, of Correctional Servs. ([appeal No. 1] 191 AD2d 1044 [decided herewith]). (Appeal from Judgment of Supreme Court, Orleans County, Punch, J.— Habeas Corpus.) Present — Denman, P. J., Green, Balio, Lawton and Davis, JJ.