Majority
p. 623In the Matter of Frank Lott, Appellant, v. Vincent R. Mancusi, as Superintendent of Attica Correctional Facility, Respondent.
Judgment unanimously reversed and matter remitted to Brie Special Term for a hearing. Memorandum: The moving papers present an issue of fact to be decided upon a hearing. (Appeal from judgment of Brie Special Term denying application for a show cause order.) Present—Goldman, P. J., Del Vecchio, Moule and Cardamone, JJ.