
    In the Matter of Emmanuel D. Patterson, Appellant, v James L. Berbary, Superintendent, Collins Correctional Facility, et al., Respondents.
    [903 NYS2d 297]
   Appeal from a judgment (denominated order) of thé Supreme Court, Erie County (Russell E Buscaglia, A.J.), entered September 18, 2009 in a proceeding pursuant to CPLR articles 70 and 78. The judgment dismissed the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs. Present—Scudder, EJ., Peradotto, Garni, Pine and Gorski, JJ.  