2 N.Y.3d 779 (2004)
In the Matter of SAMUEL DAVIS, Appellant,
In the Matter of SAMUEL DAVIS, Appellant,
v
GLENN S. GOORD, as Commissioner of the New York State Department of Correctional Services, Respondent.
Court of Appeals of the State of New York.
Submitted April 19, 2004. Decided May 6, 2004.Appeal dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that it is untimely (see CPLR 5513 [a]).