Majority
p. 951In the Matter of Joseph Vidal, Petitioner, v Philip Coombe, Jr., as Acting Commissioner of New York State Department of Correctional Services, Respondent. [649 NYS2d 885]
Proceeding unanimously dismissed without costs as moot (see, Matter of Soto v Coughlin, 212 AD2d 925 ). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Dadd, J.) Present—Denman, P. J., Fallon, Wesley, Balio and Davis, JJ.