Majority
p. 1054In the Matter of Elroy Hendrix, Petitioner, v Thomas A. Coughlin, as Commissioner of Department of Correctional Services, et al., Respondents.
Determination unanimously confirmed and petition dismissed (see, Matter of Gibbs v Kelly, 159 AD2d 1024 ). (Article 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Dadd, J.) Present— Doerr, J. P., Denman, Boomer, Pine and Balio, JJ.