Appellate Division of the Supreme Court of the State of New York February 18, 2011, Appeal No. 2 (Mathis v. New York State Department of Correctional Services)

*1436Appeal from a judgment (denominated decision and order) of the Supreme Court, Erie County (John L. Michalski, A.J.), entered December 18, 2009 in a proceeding pursuant to CPLR article 78. The judgment granted respondent’s motion for leave to reargue, and upon reargument adhered to the court’s determination granting the petition.