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In the Matter of Wesley McDaniel v. Glenn S. Goord, as Commissioner of New York State Department of Correctional Services
—Determination unanimously confirmed without costs and petition dismissed (see, Matter of Lahey v Kelly, 71 NY2d 135, 143; Matter of Holmes v Coughlin, 182 AD2d 1121, 1122). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Dadd, J.) Present—Denman, P. J., Green, Callahan, Balio and Fallon, JJ.