
    In the Matter of Victor K. Thomas, Appellant, v David J. Swarts, as Clerk for Erie County Closed Criminal Records, Respondent.
    [635 NYS2d 556]
   —Motion for permission to proceed as poor person denied. Memorandum: There is no merit to the appeal. A CPLR article 78 proceeding is not a proper means for seeking a transcript related to a pending criminal appeal. Present—Pine, J. P., Lawton, Balio, Davis and Boehm, JJ.  