
    In the Matter of Jovan Fludd, Appellant, v Robert A. Kirkpatrick, Superintendent, Wende Correctional Facility, et al., Respondents.
    [940 NYS2d 909]
   Appeal from a judgment (denominated decision and order) of the Supreme Court, Erie County (John L. Michalski, A.J.), entered March 31, 2011 in a proceeding pursuant to CPLR article 78. The judgment denied the petition.

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