
    In the Matter of Martin Fitzpatrick, Appellant, v Harold J. Smith, as Superintendent of Attica Correctional Facility, et al., Respondents.
    Argued June 7, 1983;
    decided June 28, 1983
    
      APPEARANCES OF COUNSEL
    
      Leigh E. Anderson and Norman P. Effman for appellant.
    
      Robert Abrams, Attorney-General (Nancy A. Spiegel and Peter H. Schiff of counsel), for respondents.
   OPINION OF THE COURT

Order affirmed, without costs, for reasons stated in the memorandum at the Appellate Division (90 AD2d 974).

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons.  