Majority
p. 815In the Matter of Nelson Rodriguez, Petitioner, v Frank Irvin, as Superintendent of Wende Correctional Facility, et al., Respondents. [703 NYS2d 808]
—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, Gorski, J.) Present — Green, A. P. J., Hurlbutt, Scudder and Lawton, JJ.