
    The People of the State of New York ex rel. Bernard Pitts, Appellant, v Robert A. Kirkpatrick, Superintendent, Wende Correctional Facility, et al., Respondents.
    [940 NYS2d 516]
   Appeal from a judgment (denominated order) of the Supreme Court, Erie County (M. William Boiler, A.J.), entered July 8, 2009 in a habeas corpus proceeding. The judgment denied the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs. Present — Centra, J.P., Garni, Bindley, Sconiers and Martoche, JJ.  