In the Matter of Hussayn McClain, Appellant, v. New York State Department of Correctional Services et al., Respondents

— Appeal from a judgment (denominated order) of the Supreme Court, Orleans County (James P. Punch, A.J.), entered February 2, 2010 in a proceeding pursuant to CPLR article 78. The judgment denied the petition.

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