
    In the Matter of Harry Elmore, Appellant, v Brian Fischer, Commissioner, New York State Department of Corrections and Community Supervision, Respondent.
    [997 NYS2d 660]—
   Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.) entered July 30, 2013 in a proceeding pursuant to CPLR article 78. 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 — Smith, J.P., Fahey, Whalen and DeJoseph, JJ.  