Majority
p. 907In the Matter of Samuel Saunders, Petitioner, v Philip Coombe, Jr., as Acting Commissioner of New York State Department of Correctional Services, Respondent. [648 NYS2d 356]
Determination unanimously confirmed without costs and petition dismissed {see, Matter of Perez v Coombe, 224 AD2d 1035 ). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Dadd, J.) Present—Pine, J. P., Lawton, Fallon, Balio and Davis, JJ.