Majority
p. 1109In the Matter of Wallace Nolen, Petitioner, v Glenn S. Goord, as Commissioner of New York State Department of Correctional Services, Respondent. [669 NYS2d 116]
—Petition unanimously dismissed without costs (see, Matter of Free v Coombe, 234 AD2d 996 ). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Dadd, J.) Present—Denman, P. J., Green, Callahan, Balio and Fallon, JJ.