
    (February 26, 1985)
    In the Matter of Edward McKenna, Petitioner, v Thomas A. Coughlin, III, as Commissioner of the New York State Department of Correctional Services, et al., Respondents.
   Motion for permission to proceed as a poor person treated as an application, pursuant to CPLR 5704 (subd [a]), to review an order of the Supreme Court at Special Term, which dismissed as untimely an ex parte petition in a proceeding pursuant to CPLR article 78. Application denied (see, Matter of King v Gregorie, 90 AD2d 922, Iv dismissed 58 NY2d 822). Mahoney, P. J., Kane, Main, Levine and Harvey, JJ., concur.  