
    The People of the State of New York ex rel. James Pearce, Appellant, v Robert A. Kirkpatrick, Superintendent, Wende Correctional Facility, Respondent.
    (Appeal No. 1.)
    [944 NYS2d 712]
   Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Penny M. Wolfgang, J.), entered November 30, 2010 in a proceeding pursuant to CPLR article 70. The judgment granted the motion of petitioner for leave to reargue, and upon reargument, adhered to the prior determination denying the petition for a writ of habeas corpus.

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