17 N.Y.3d 921 (2011)
958 N.E.2d 548
934 N.Y.S.2d 370
2011 NY Slip Op 89832
In the Matter of JACK DAVIS, Appellant,
Motion No: 2011-1065
In the Matter of JACK DAVIS, Appellant,
v.
BRIAN FISCHER, as Commissioner of Correctional Services, et al., Respondents.
Motion No: 2011-1065
Court of Appeals of New York.
Submitted September 26, 2011. Decided November 17, 2011.Motion for leave to appeal dismissed as untimely (see CPLR 5513 [b]).