Majority
p. 631In the Matter of Henry Lee, Petitioner, v Jeffrey Atlas, Respondent. [730 NYS2d 233]
—Application for an order pursuant to article 78 of the Civil Practice Law and Rules denied, the cross motion granted and the petition dismissed, without prejudice to raising the same or similar issues on direct appeal of the final judgment in the underlying matter entitled People v Henry Lee, Supreme Court, New York County, bearing Indictment No. 327/01, without costs or disbursements. No opinion. Concur — Sullivan, P. J., Rosenberger, Nardelli, Rubin and Friedman, JJ.