
    The People of the State of New York ex rel. Glenn E. Van Norstrand, Appellant, v Harold D. Graham, Superintendent, Auburn Correctional Facility, Respondent.
    (Appeal No. 2.)
    [916 NYS2d 535]
   — Appeal from an order of the Supreme Court, Cayuga County (Mark H. Fandrich, A.J.), entered October 19, 2009 in a proceeding pursuant to CPLR article 70. The order denied the motion of petitioner for a stay and reconsideration.

It is hereby ordered that said appeal is unanimously dismissed without costs (see People ex rel. Hinton v Graham, 66 AD3d 1402, 1403 [2009], lv denied 13 NY3d 934 [2010], rearg denied 14 NY3d 795 [2010]). Present — Scudder, P.J., Peradotto, Carni, Green and Gorski, JJ.  