PEOPLE EX REL. CHIARELLO v. Berbary , 8 N.Y.3d 858 ( 2007 )

8 N.Y.3d 858 (2007)

THE PEOPLE OF THE STATE OF NEW YORK ex rel. JOHN CHIARELLO, Appellant,
v.
JAMES L. BERBARY, as Superintendent of Collins Correctional Facility, Respondent.

Court of Appeals of the State of New York.

Submitted December 26, 2006. Decided February 15, 2007.

Judge JONES taking no part.

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution.