
    The People of State of New York ex rel. Ricardo Washington, Appellant, v H. McCarthy Gipson, as Superintendent of Erie County Correctional Facility, et al., Respondents.
    [761 NYS2d 922]
   —Appeal from a judgment (denominated order) of Supreme Court, Erie County (Dillon, J.), entered July 2, 2002, which converted the petition for a writ of habeas corpus to a CPLR article 78 petition and dismissed the petition.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs (see People ex rel. Christy v Goord, 291 AD2d 835 [2002], Iv denied 98 NY2d 601 [2002]). Present — Hurlbutt, J.P., Scudder, Kehoe, Burns and Gorski, JJ.  