
    In the Matter of Rodney McNeil, Appellant, v Brian Fischer, as Commissioner of Corrections and Community Supervision, Respondent.
    [986 NYS2d 372]
   Appeal from a judgment of the Supreme Court (Melkonian, J), entered October 18, 2012 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Judgment affirmed. No opinion.

Peters, EJ., Stein, Garry and Rose, JJ., concur.

Ordered that the judgment is affirmed, without costs.  