Majority
p. 900In the Matter of Jake Simmons, Appellant, v Philip Coombe, Jr., as Acting Commissioner of New York State Department of Correctional Services, Respondent. [648 NYS2d 406]
Judgment unanimously affirmed without costs for reasons stated in decision at Supreme Court, Dadd, J. (Appeal from Judgment of Supreme Court, Wyoming County, Dadd, J.— CPLR art 78.) Present—Green, J. P., Pine, Wesley, Callahan and Davis, JJ.