
    In the Matter of Gabriel Penable, Appellant, v Brian Fischer, Commissioner, New York State Department of Corrections and Community Supervision, Respondent.
    [988 NYS2d 511]—
   Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered April 22, 2013 in a CPLR article 78 proceeding. The judgment dismissed the petition.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Matter of Robles v Evans, 100 AD3d 1455, 1455 [2012]).

Present — Scudder, EJ., Fahey, Peradotto, Lindley and Sconiers, JJ.  