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In the Matter of Kenneth McDonald v. Walter Kelly, as Superintendent of Attica Correctional Facility
Determination unanimously annulled on the law and petition granted (see, Matter of Lahey v Kelly, 125 AD2d 923, Iv granted 69 NY2d 608). (Article 78 proceeding transferred by order of Supreme Court, Wyoming County, Dadd, J.) Present—Dillon, P. J., Callahan, Doerr, Boomer and Davis, JJ.