
    The People of the State of New York ex rel. Anthony M. Battisti, on Behalf of John Kellerman, Petitioner, v Commissioner of the New York City Department of Corrections, Respondent.
    [933 NYS2d 569]
   The determination of the Supreme Court, Queens County, was not an improvident exercise of discretion, and did not violate “constitutional or statutory standards” (People ex rel. Klein v Krueger, 25 NY2d 497, 499 [1969]; see People ex rel. Rosenthal v Wolfson, 48 NY2d 230 [1979]). Mastro, J.E, Hall, Sgroi and Cohen, JJ., concur.  