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In the Matter of Max Diaz 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 — Callahan, J. P., Denman, Boomer, Pine and Lawton, JJ.