
    In the Matter of Daniel Holmes, Appellant, v Brian Fischer, Commissioner, New York State Department of Corrections and Community Supervision, Respondent.
    [976 NYS2d 914]
   Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered August 3, 2012 in a proceeding pursuant to CPLR article 78. The judgment denied the petition.

It is hereby ordered that said appeal is unanimously dismissed without costs (Matter of Robles v Evans, 100 AD3d 1455, 1455 [2012]). Present — Smith, J.P., Fahey, Garni, Valentino and Whalen, JJ.  