Majority
p. 976In the Matter of Donald DuBois, Petitioner, v Glenn S. Goord, as Commissioner of New York State Department of Correctional Services, Respondent. [679 NYS2d 871]
—Proceeding unanimously dismissed without costs as moot (see, Matter of Free v Coombe, 234 AD2d 996 ). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Erie County, Fahey, J.) Present — Green, J. P., Pine, Wisner, Balio and Boehm, JJ.