
    In the Matter of Phillip Byers, Petitioner, v Walter R. Kelly, as Superintendent of Attica Correctional Facility, et al., Respondents.
   Determination unanimously confirmed and petition dismissed (see, People ex rel. Vega v Smith, 66 NY2d 130; Matter of Melvin v Kelly, 126 AD2d 956). (Article 78 proceeding transferred by order of Supreme Court, Wyoming County, Dadd, J.) Present — Callahan, J. P., Doerr, Denman, Pine and Davis, JJ.  