People ex rel. Mulry v Franchi, 2020 NY Slip Op 02909 [183 AD3d 790]

May 19, 2020

Appellate Division, Second Department

[*1]

The People of the State of New York ex rel. Laurette Mulry, on Behalf of Anthony Miller, Appellant,

v

Michael Franchi, Respondent.

Laurette D. Mulry, named herein as Laurette Mulry, Riverhead, NY (Felice B. Milani of counsel), petitioner pro se.

Timothy D. Sini, District Attorney, Riverhead, NY (Guy Arcidiacono and Timothy Finnerty of counsel), for respondent.

In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Mark D. Cohen, J.), dated April 30, 2020. The judgment, after a hearing, denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, without costs or disbursements.

The petitioner claims that Anthony Miller is being detained with a deliberate indifference to his serious medical needs ( see Estelle v Gamble , 429 US 97, 104 [1976]). However, we agree with the Supreme Court’s determination, made after an evidentiary hearing ( see CPLR 7009 [c]; People ex rel. Grossfeld v Brann , 182 AD3d 556 [2d Dept 2020]; People ex rel. Dieckmann v Warden, W. Facility , 182 AD3d 555 [2d Dept 2020]), that the petitioner failed to establish that claim.

The respondent’s remaining contention is not properly before this Court ( see Matter of Mallard v Dalsheim , 97 AD2d 545, 546-547 [1983]; Matter of Hilton v Dalsheim , 81 AD2d 887, 888 [1981]). Dillon, J.P., Cohen, Miller and Barros, JJ., concur..