*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 836

KAH 11-02285

PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, CARNI, AND SCONIERS, JJ. THE PEOPLE OF THE STATE OF NEW YORK EX REL.

JAMES ROBERT MOORE, PETITIONER-APPELLANT,

V ORDER NEW YORK STATE DIVISION OF PAROLE,

RESPONDENT-RESPONDENT.

JAMES ROBERT MOORE, PETITIONER-APPELLANT PRO SE.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (ALLYSON B. LEVINE OF COUNSEL), FOR RESPONDENT-RESPONDENT. Appeal from a judgment (denominated order) of the Supreme Court, Cayuga County (Mark H. Fandrich, A.J.), entered September 16, 2011. The judgment converted the matter to a CPLR article 78 proceeding and denied the petition.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: June 29, 2012 Frances E. Cafarell

Clerk of the Court