Opinion
May 10, 1990
Appeal from the Supreme Court, New York County (Kenneth Shorter, J.).
Concur — Murphy, P.J., Sullivan Kassal and Rubin, JJ.
I would concur in the affirmance. The underlying questions raised in this CPLR article 78 proceeding, brought with respect to the mooring of The Bibby Venture as a prison barge, as well as the contentions of those interested, already have been considered and passed upon by this court (Matter of Silver v Koch, 137 A.D.2d 467, lv denied 73 N.Y.2d 702).