
    In the Matter of Linnon Smith, Appellant, v Victor Herbert, as Superintendent of Collins Correctional Facility, et al., Respondents.
    [617 NYS2d 661]
   —Motion for permission to proceed as poor person denied, cross motion to dismiss appeal granted and appeal dismissed without costs. Same Memorandum as in Thompson v Willson (207 AD2d 1036 [decided herewith]). Present—Pine, J. P., Balio, Lawton, Fallon and Boehm, JJ.  