
    The People of the State of New York ex rel. Kevin Lee Hatzman, Appellant, v. Ernest L. Montanye, as Superintendent of Attica Correctional Facility, Respondent.
    Submitted September 10, 1973;
    decided September 21, 1973.
    
      Lewis J. Lefkowitz, Attorney-General (Jean M* Coon and Frederick R. Walsh of counsel), for motion.
    
      Kevin Lee FLatzman, pro se, opposed.
   Motion granted and appeal dismissed, without costs, upon the ground that the constitutional issue is not the sole issue on the appeal (N. Y. Const., art. VI, § 3, subd. b, par. [2]; CPLR 5601, subd. [b], par. 2).  