
    In the Matter of Brett Moxley, Petitioner, v Walter R. Kelly, as Superintendent of Attica Correctional Facility, Respondent.
   — Determination unanimously confirmed and petition dismissed (see, Matter of Lahey v Kelly, 71 NY2d 135). (Article 78 proceeding transferred by order of Supreme Court, Wyoming County, Dadd, J.) Present — Doerr, J. P., Denman, Boomer, Green and Lawton, JJ.  