
    In the Matter of Max Diaz, Petitioner, v Walter Kelly, as Superintendent of Attica Correctional Facility, Respondent.
   — Determination unanimously annulled on the law and petition granted (see, Matter of Lahey v Kelly, 125 AD2d 923, Iv granted 69 NY2d 608). (Article 78 proceeding transferred by order of Supreme Court, Wyoming County, Dadd, J.) Present — Callahan, J. P., Denman, Boomer, Pine and Lawton, JJ.  