
    The People of the State of New York ex rel. Nicholas Robles, Appellant, v Warden Orleans State Prison et al., Respondents.
    [982 NYS2d 419]
   Appeal from a judgment (denominated order) of the Supreme Court, Orleans County (James E Punch, A.J.), entered October 25, 2012 in a proceeding pursuant to CPLR article 70. The judgment converted the petition under CPLR article 70 to one under CPLR article 78 and denied the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Present — Scudder, P.J., Centra, Peradotto, Lindley and Whalen, JJ.  