
    The People of the State of New York ex rel. James Pearce, Appellant, v Robert A. Kirkpatrick, Superintendent, Wende Correctional Facility, Respondent.
    (Appeal No. 2.)
    [942 NYS2d 391]
   Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Penny M. Wolfgang, J.), dated October 18, 2010 in a proceeding pursuant to CPLR article 70. The judgment, insofar as appealed from, denied the petition for a writ of habeas corpus.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Loafin’ Tree Rest, v Pardi [appeal No. 1], 162 AD2d 985 [1990]). Present — Scudder, P.J., Smith, Fahey and Sconiers, JJ.  