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

Appeal from a judgment (denominated order) of the Supreme Court, Cayuga County (Mark H. Fandrich, A.J.), entered June 20, 2012 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.R, Fahey, Carni, Sconiers and Valentino, JJ.