Majority
p. 987In the Matter of Glen Smalls, Appellant, v Harold J. Smith, as Superintendent of Attica Correctional Facility, Respondent.
—Judgment unanimously reversed, on the law, and
p. 988
petition granted (see, mem in Matter of Flores v Smith, 126 AD2d 985 ). (Appeal from judgment of Supreme Court, Wyoming County, Newman, J.—art 78.) Present—Dillon, P. J., Callahan, Denman, Pine and Lawton, JJ.