People ex rel. Vickery v. Walsh

Appeal from a judgment of the Supreme Court (LaBuda, J.), entered August 24, 2011 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner, an inmate, made an application for a writ of habeas corpus alleging various constitutional violations and seeking release from prison. Supreme Court signed the writ, which directed petitioner to serve the writ and the petition on, among others, respondent and the Attorney General on or before December 3, 2010. Petitioner failed to do so, and the court subsequently dismissed the…