Matter of Russ v Fischer
2012 NY Slip Op 04572 [96 AD3d 1475]
June 8, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 1, 2012


In the Matter of Bryon K. Russ, Sr., Appellant,
v
Brian Fischer, Commissioner, New York State Department of Correctional Services, et al., Respondents.

—[*1] Bryon K. Russ, Sr., petitioner-appellant pro se.

Eric T. Schneiderman, Attorney General, Albany (Frank Brady of counsel), for respondents-respondents.

Appeal from a judgment (denominated order) of the Supreme Court, Cayuga County (Thomas G. Leone, A.J.), entered December 17, 2010 in a proceeding pursuant to CPLR article 78. The judgment denied and dismissed 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, Fahey, Peradotto and Sconiers, JJ.