
    The People of the State of New York ex rel. James Costanzo, Appellant, v James Morrissey, Superintendent, Butler Correctional Facility, Respondent.
    [893 NYS2d 798]
   —Appeal from a judgment of the Supreme Court, Wayne County (John B. Nesbitt, A.J.), entered March 5, 2009 in a habeas corpus proceeding. The judgment denied the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Fahey, Lindley and Green, JJ.  