
    The People of the State of New York ex rel. Frank Harris, Appellant, v Harold Graham, Superintendent, Auburn Correctional Facility, Respondent.
    [879 NYS2d 761]
   Appeal from a judgment (denominated order) of the Supreme Court, Cayuga County (Thomas G. Leone, A.J.), entered October 9, 2007 in a habeas corpus proceeding. The judgment denied the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs (see People ex rel. Lewis v Graham, 57 AD3d 1508 [2008], lv denied 12 NY3d 705 [2009]). Present—Scudder, P.J., Hurlbutt, Peradotto, Green and Gorski, JJ.  