
    In the Matter of Jose Fernandez, Appellant, v Harold J. Smith, as Superintendent of Attica Correctional Facility, Respondent.
   —Judgment unanimously reversed, on the law, and petition granted (see, mem in Matter of Flores v Smith, 126 AD2d 985). (Appeal from judgment of Supreme Court, Wyoming County, Dillon, J.—art 78.) Present—Callahan, J. P., Doerr, Green, Pine and Davis, JJ.  