Majority
p. 971In the Matter of Joseph Brown, Petitioner, v Joseph Costello, as Superintendent of Midstate Correctional Facility, Respondent. [691 NYS2d 815]
—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, Oneida County, Shaheen, J.) Present — Den-man, P. J., Lawton, Hayes, Pigott, Jr., and Scudder, JJ.