
    The People of the State of New York ex rel. John Chiarello, Appellant, v James L. Berbary, as Superintendent of Collins Correctional Facility, Respondent.
    [823 NYS2d 750]
   Appeal from an order of the Supreme Court, Erie County (Joseph S. Forma, J.), entered May 17, 2005. The order, inter alia, denied the petition to vacate prior orders entered March 9, 2004 and May 12, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Scudder, J.P, Martoche, Centra and Pine, JJ.  