
    The People of the State of New York ex rel. Shannon Martinek, Appellant, v Malcolm Cully, Superintendent, Livingston Correctional Facility, Respondent.
    (Appeal No. 2.)
    [910 NYS2d 751]
   —Appeal from a judgment of the Supreme Court, Livingston County (Dennis S. Cohen, A.J.), entered April 10, 2009. The judgment dismissed the petition for a writ of habeas corpus.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in People ex rel. Mental Hygiene Legal Serv. v Sawyer (78 AD3d 1653 [2010]). Present — Martoche, J.P., Lindley, Sconiers, Pine and Gorski, JJ.  