MCCLAIN, HUSSAYN v. NEW YORK STATE DEPARTMENT OF CORREC, TIONAL SERVICES

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department CA 10-00854 PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, JJ.

IN THE MATTER OF HUSSAYN MCCLAIN, PETITIONER-APPELLANT, V ORDER NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES AND NEW YORK STATE EXECUTIVE BOARD OF PAROLE, RESPONDENTS-RESPONDENTS.

HUSSAYN MCCLAIN, PETITIONER-APPELLANT PRO SE.

ANDREW M. CUOMO, ATTORNEY GENERAL, ALBANY (MARCUS J. MASTRACCO OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.

Appeal from a judgment (denominated order) of the Supreme Court, Orleans County (James P. Punch, A.J.), entered February 2, 2010 in a proceeding pursuant to CPLR article 78. The judgment denied the petition.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.

Entered: February 10, 2011 Patricia L. Morgan Clerk of the Court