
    In the Matter of Dontie S. Mitchell, Appellant, v Brian Fischer, Commissioner, New York State Department of Correctional Services, Respondent.
    [945 NYS2d 587]
   Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Christopher J. Burns, J.), entered October 6, 2010 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs. Present — Scudder, P.J., Centra, Fahey, Peradotto and Sconiers, JJ.  