
    In the Matter of James Davis, Appellant, v Victor Herbert, as Superintendent of Collins Correctional Facility, et al., Respondents.
    [606 NYS2d 1017]
   —Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38). (Appeal from Judgment of Supreme Court, Erie County, Mintz, J. — Article 78.) Present — Callahan, J. P., Green, Fallon, Boomer and Davis, JJ.  