In the Matter of Rose Sperduti, Appellant, v. New York State Executive Department Division of Parole, Respondent

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Joseph D. Mintz, J.), entered October 2, 2007 in a proceeding pursuant to CPLR article 78. The judgment granted respondent’s motion to dismiss the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs. Present—Hurlbutt, J.P., Smith, Fahey, Peradotto and Pine, JJ.