
    The People of the State of New York ex rel. Walter J. Roache, Appellant, v S.A. Connell, Superintendent, Oneida Correctional Facility, Respondent.
    [874 NYS2d 838] —
   Appeal from an order of the Supreme Court, Oneida County (Robert F. Julian, J.), entered December 11, 2007. The order denied the application of petitioner for leave to reargue the dismissal of his petition for a writ of habeas corpus.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Empire Ins. Co. v Food City, 167 AD2d 983, 984 [1990]). Present — Hurlbutt, J.P., Smith, Fahey, Green and Pine, JJ.  