Majority
p. 531In the Matter of Kenneth McDonald, Petitioner, v Thomas A. Coughlin, as Commissioner of the Department of Correctional Services, et al., Respondents.
Determination unanimously confirmed and petition dismissed (see, Matter of Curl v Kelly, 125 AD2d 948 ). (Article 78 proceeding transferred by order of Supreme Court, Wyoming County, Dadd, J.) Present — Dillon, P. J., Callahan, Boomer, Balio and Davis, JJ.