Matter of Echevarria v Fischer
2014 NY Slip Op 00819 [114 AD3d 1180]
February 7, 2014
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 26, 2014


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

—[*1] Wyoming County-Attica Legal Aid Bureau, Warsaw (Adam W. Koch of counsel), for petitioner-appellant.

Eric T. Schneiderman, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent-respondent.

Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered September 20, 2012 in a proceeding pursuant to CPLR article 78. The judgment, among other things, denied 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, Carni, Valentino and Whalen, JJ.