JOHNSON, PHILLIP v. O'FLYNN, PATRICK

— Appeal from a judgment of the Supreme Court, Monroe County (John J. Ark, J.), entered March 11, 2015 in a habeas corpus proceeding. The judgment dismissed the petition.

It is hereby ordered that said appeal insofar as it concerns the finding of probable cause at the preliminary revocation hearing is unanimously dismissed and the judgment is affirmed without costs.

Memorandum: Petitioner appeals from an order dismissing his petition for a writ of habeas corpus. Although the order was subsumed in a subsequent judgment from which no appeal was taken, we exercise our discretion to treat the…