
    In the Matter of Lewis Van Horn, Appellant, v Harold J. Smith, as Superintendent of Attica Correctional Facility, Respondent.
   Judgment unanimously reversed on the law and petition granted, in accordance with same memorandum as in Matter of Bradley v Smith (143 AD2d 536 [decided herewith]). We add only that it is unnecessary to reach the issue whether petitioner failed to exhaust his administrative remedies (Appeal from judgment of Supreme Court, Wyoming County, Dadd, J. — art 78.) Present — Dillon, P. J., Callahan, Boomer, Balio and Davis, JJ.  