Majority
p. 987In the Matter of Carlos Calderon, Appellant, v Harold J. Smith, as Superintendent of Attica Correctional Facility, Respondent.
—Judgment unanimously reversed, on the law, and petition granted (see, mem in Matter of Flores v Smith, 126 AD2d 985 ). (Appeal from judgment of Supreme Court, Wyoming County, Feeman, J.—art 78.) Present—Doerr, J. P., Denman, Boomer, Balio and Lawton, JJ.