Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Christopher J. Burns, J.), entered February 6, 2006 in a proceeding pursuant to CPLR article 70. The judgment, among other things, denied the petition for a writ of habeas corpus.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs for *1317reasons stated in the decision at Supreme Court. Present— Hurlbutt, J.P., Gorski, Smith, Lunn and Pine, JJ.