
    In the Matter of James Davis, Appellant, v Victor Herbert, as Superintendent of Collins Correctional Facility, et al., Respondents.
    (Appeal No. 2.)
    [619 NYS2d 1024]
   —Order unanimously affirmed. Same Memorandum as in Matter of Davis v Herbert (209 AD2d 1046 [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Flaherty, J.—Disclosure.) Present—Balio, J. P., Lawton, Fallon, Wesley and Doerr, JJ.  