
    In the Matter of Max Diaz, Petitioner, v Walter Kelly, as Superintendent of Attica Correctional Facility, Respondent.
   —Motion for reargument granted and upon reargument determination unanimously confirmed and petition dismissed (see, Matter of Lahey v Kelly, 71 NY2d 135). Cross motion to remand denied. Present—Callahan, J. P., Denman, Boomer, Pine and Lawton, JJ.  