Majority
p. 1407The People of the State of New York ex rel. Rafael Agosto, Appellant, v Paul Chappius Jr., as Superintendent of Elmira Correctional Facility, Respondent. [10 NYS3d 905]
Appeal from a judgment of the Supreme Court (Hayden, J.), entered November 26, 2013 in Chemung County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.
Judgment affirmed. No opinion.
McCarthy, J.P., Rose, Lynch and Clark, JJ., concur.
Ordered that the judgment is affirmed, without costs.