Matter of Elmore v Fischer
2015 NY Slip Op 00151 [124 AD3d 1392]
January 2, 2015
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 4, 2015


[*1]
 In the Matter of Harry Elmore, Appellant, v Brian Fischer, Commissioner, New York State Department of Corrections and Community Supervision, Respondent.

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

Eric T. Schneiderman, Attorney General, Albany (Julie M. Sheridan of counsel), for respondent-respondent.

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.