
    In the Matter of Samuel Sheppard, Appellant, v Thomas A. Coughlin, III, as Commissioner of the Department of Correctional Services, et al., Respondents.
   Appeal unanimously dismissed (see, People ex rel. Aguilar v Kelly, 143 AD2d 535). In any event, we would hold the petition without merit. (Appeal from order of Supreme Court, Wyoming County, Newman, J. — art 78.) Present — Dillon, P. J., Callahan, Green, Pine and Davis, JJ.  