People ex rel. Planter v. McCoy

Appeal from a judgment (denominated order) of Supreme Court, Cayuga County (Corning, J.), entered October 21, 2002, which dismissed the petition seeking a writ of habeas corpus.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Supreme Court properly dismissed the petition seeking a writ of habeas corpus. We agree with petitioner that he properly commenced this special proceeding by filing the notice of petition and petition with the clerk of the court (see CPLR 304; Matter of Grant v Senkowski, 95 NY2d 605, 608-610…