
    In the Matter of Salvatore Russato, Petitioner, v Walter R. Kelly, as Superintendent of Attica Correctional Facility, et al., Respondents.
   Determination unanimously confirmed and petition dismissed (see, Matter of Lahey v Kelly, 71 NY2d 135; Matter of McKins v Coughlin, 142 AD2d 987). (Article 78 proceeding transferred by order of Supreme Court, Wyoming County, Dadd, J.) Present — Dillon, P. J., Callahan, Green, Balio and Lawton, JJ.  