
    The People of the State of New York ex rel. Dwayne Bethune, Appellant, v Jerome L. Nicolato, as Superintendent of Ulster Correctional Facility, Respondent.
    [996 NYS2d 201]
   Appeal from a judgment of the Supreme Court (Gilpatric, J.), entered January 29, 2014 in Ulster County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

Judgment affirmed. No opinion.

Lahtinen, J.P, Stein, Garry, Egan Jr. and Devine, JJ., concur.

Ordered that the judgment is affirmed, without costs.  