*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 324

CA 11-00908

PRESENT: SCUDDER, P.J., SMITH, CARNI, AND SCONIERS, JJ.

IN THE MATTER OF MATTHEW MITCHELL,

PETITIONER-APPELLANT,

V ORDER ONTARIO COUNTY AND ONTARIO COUNTY SHERIFF, RESPONDENTS-RESPONDENTS.

TREVETT CRISTO SALZER & ANDOLINA P.C., ROCHESTER (LAWRENCE J. ANDOLINA OF COUNSEL), FOR PETITIONER-APPELLANT.

JOHN W. PARK, COUNTY ATTORNEY, CANANDAIGUA, FOR

RESPONDENTS-RESPONDENTS. Appeal from a judgment of the Supreme Court, Ontario County (William F. Kocher, A.J.), entered August 4, 2010 in a proceeding pursuant to CPLR article 78. The judgment denied and dismissed 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: March 16, 2012 Frances E. Cafarell

Clerk of the Court