
    The People of the State of New York ex rel. Clifford Brathwaite, Also Known as Eric Smith, Appellant, v Brian Fischer, as Commissioner of Correctional Services, et al., Respondents.
    Decided October 19, 2010
   Appeal dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that no appeal lies from an order of an individual Justice of the Appellate Division (see NY Const, art VI, § 3 [b]; CPLR 5601).  