Opinion
July 8, 1998
Appeal from Judgment of Supreme Court, Erie County, Mintz, J. — CPLR art 78.
Present — Pine, J.P., Hayes, Pigott, Jr., Balio and Fallon, JJ.
Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed the petition seeking recalculation of petitioner's legal confinement dates. This proceeding is barred by res judicata ( see, Davie v. Dwyer, 155 A.D.2d 921).