
    The People of the State of New York ex rel. Kevin Hatzman, Respondent, v Harold Smith, as Superintendent of Attica Correctional Facility, Appellant.
    [614 NYS2d 96]
   —Motion to dismiss appeal denied as unnecessary. Memorandum: The deadline for filing appellant’s brief has passed. Therefore, the appeal is automatically dismissed. Present — Pine, J. P., Balio, Lawton, Davis and Boehm, JJ.  