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In the Matter of Phillip Byers v. Walter R. Kelly, as Superintendent of Attica Correctional Facility
Determination unanimously confirmed and petition dismissed (see, People ex rel. Vega v Smith, 66 NY2d 130; Matter of Melvin v Kelly, 126 AD2d 956). (Article 78 proceeding transferred by order of Supreme Court, Wyoming County, Dadd, J.) Present — Callahan, J. P., Doerr, Denman, Pine and Davis, JJ.