
    The People of the State of New York ex rel. Kermit Burns, Appellant, v Chris Mellas, as Superintendent of Watertown Correctional Facility, et al., Respondents.
    [823 NYS2d 750]
   Appeal from an amended judgment of the Supreme Court, Jefferson County (Hugh A. Gilbert, J.), entered August 30, 2005 in a proceeding pursuant to CPLR article 70. The amended judgment dismissed the petition.

It is hereby ordered that the amended judgment so appealed from be and the same hereby is unanimously affirmed without costs. Present—Hurlbutt, A.EJ., Kehoe, Smith and Green, JJ.  