Matter of Holmes v Fischer
2013 NY Slip Op 08728 [112 AD3d 1342]
December 27, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 29, 2014


In the Matter of Daniel Holmes, Appellant, v Brian Fischer, Commissioner, New York State Department of Corrections and Community Supervision, Respondent.

—[*1] Wyoming County-Attica Legal Aid Bureau, Warsaw (Leah R. Nowotarski of counsel), for petitioner-appellant.

Eric T. Schneiderman, Attorney General, Albany (Frank K. Walsh of counsel), for respondent-respondent.

Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered August 3, 2012 in a proceeding pursuant to CPLR article 78. The judgment denied the petition.

It is hereby ordered that said appeal is unanimously dismissed without costs (Matter of Robles v Evans, 100 AD3d 1455, 1455 [2012]). Present—Smith, J.P., Fahey, Carni, Valentino and Whalen, JJ.