
    The People of the State of New York ex rel. Rafael Agosto, Appellant, v Paul Chappius Jr., as Superintendent of Elmira Correctional Facility, Respondent.
    [10 NYS3d 905]
   Appeal from a judgment of the Supreme Court (Hayden, J.), entered November 26, 2013 in Chemung County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Judgment affirmed. No opinion.

McCarthy, J.P., Rose, Lynch and Clark, JJ., concur.

Ordered that the judgment is affirmed, without costs.  