People ex rel. Fulton v. LaValley
Opinion of the Court
Appeal from a judgment of the Supreme Court (Muller, J.), entered November 3, 2011 in Clinton County, which, in a proceeding pursuant to CPLR article 70, granted respondent’s motion to dismiss the petition.
Petitioner, who currently is serving a 25-year prison term pursuant to his 2002 conviction of course of sexual conduct against a child in the first degree (People v Fulton, 13 AD3d 1217 [2004], lv denied 4 NY3d 830 [2005]), commenced this CPLR article 70 proceeding seeking a writ of habeas corpus contending, as in a prior appeal before this Court (see People ex rel. Fulton v Lape, 61 AD3d 1227 [2009], appeal dismissed 13 NY3d 766 [2009], cert denied 559 US —, 130 S Ct 1291 [2010]), that, among other things, the trial court lacked subject matter jurisdiction over the matter. Respondent moved to dismiss the petition on various grounds and Supreme Court granted the motion, prompting this appeal.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.