
    In the Matter of William R. McPhee, III, Appellant, v Philip Coombe, Jr., as Acting Commissioner of the New York State Department of Correctional Services, Respondent.
    Submitted February 10, 1997;
    decided April 1, 1997
   Motion for leave to appeal dismissed for failure to establish timeliness as required by section 500.11 (d) (1) (iii) of the Rules of the Court of Appeals (22 NYCRR 500.11 [d] [1] [iii]).

Judge Wesley taking no part.  