PITTS, BERNARD v. ATTORNEY GENERAL OF STATE OF NEW

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department KAH 09-02258

PRESENT: CENTRA, J.P., CARNI, LINDLEY, SCONIERS, AND MARTOCHE, JJ.

THE PEOPLE OF THE STATE OF NEW YORK EX REL.

BERNARD PITTS, PETITIONER-APPELLANT,

V ORDER ROBERT A. KIRKPATRICK, SUPERINTENDENT, WENDE

CORRECTIONAL FACILITY, AND ATTORNEY GENERAL OF NEW YORK STATE, RESPONDENTS-RESPONDENTS.

THOMAS E. ANDRUSCHAT, EAST AURORA, FOR PETITIONER-APPELLANT.

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (M. William Boller, A.J.), entered July 8, 2009 in a habeas corpus proceeding. The judgment denied the petition.

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

Entered: March 16, 2012 Frances E. Cafarell Clerk of the Court