Majority
p. 1043In the Matter of James Guyton, Petitioner, v Thomas A. Coughlin, III, as Commissioner of the New York State Department of Correctional Services, Respondent. (Proceeding No. 2.) [627 NYS2d 506]
Determination unanimously confirmed without costs and petition dismissed. Same Memorandum as in Matter of Guyton v Coughlin (214 AD2d 1043 [decided herewith]). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Dadd, J.) Present—Den-man, P. J., Pine, Wesley, Balio and Boehm, JJ.