
    The People of the State of New York ex rel. Carlos Rodriguez, Appellant, v Joseph T. Smith, as Superintendent of Shawangunk Correctional Facility, Respondent.
    [984 NYS2d 281]
   Appeal from a judgment of the Supreme Court (Gilpatric, J.), entered March 15, 2013 in Ulster County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Judgment affirmed. No opinion.

Peters, P.J., Lahtinen, McCarthy and Garry, JJ., concur. Ordered that the judgment is affirmed, without costs.  