
    In the Matter of Alphonso Simmons, Appellant, v Brian Fischer, Commissioner, New York State Department of Correctional Services, Respondent.
    [913 NYS2d 118]
   Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered March 27, 2009 in a proceeding pursuant to CELÉ article 78. The judgment denied the petition.

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