Majority
p. 976In the Matter of Martin S. Sostre, Appellant, v. Prison Board of Attica Prison et al., Respondents.
Order unanimously affirmed, without costs of this appeal to either party. Memorandum: Appellant specifically waived assignment of counsel upon this appeal. (Appeal from order of Erie Supreme Court denying, without a hearing, motion for an order to compel Ward, J., to execute a final order in an article 78 proceeding.) Present — Bastow, J. P., Goldman, Henry, Noonan and Del Veechio, JJ.