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In the Matter of Melvin Smith v. Raul Russi, as Chairman, of New York State Division of Parole
—Appeal unanimously dismissed (see, Matter of Tremarco v New York State Bd. of Parole, 58 NY2d 968; Matter of Smith v Newberry, 154 AD2d 941, lv denied 75 NY2d 705). (Appeal from Judgment of Supreme Court, Wyoming County, Dadd, J.—Article 78.) Present—Green, J. P., Pine, Lawton, Fallon and Davis, JJ.