Majority
p. 974In the Matter of Michael Erber, Petitioner, v Glenn S. Goord, as Commissioner of New York State Department of Correctional Services, Respondent. [711 NYS2d 375]
—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, Wyoming County, Dadd, J.) Present — Green, J. P., Hayes, Hurlbutt and Kehoe, JJ.