Majority
p. 960The People of the State of New York ex rel. Brian A. Thomas, Appellant, v Gary F. Hodges, as Superintendent of Gowanda Correctional Facility, et al., Respondents. [722 NYS2d 447]
Appeal unanimously dismissed without costs as moot (see, People ex rel. Wilder v Markley, 26 NY2d 648 , rearg denied 27 NY2d 737 ; People ex rel. Kendricks v Smith, 52 AD2d 1090 ). (Appeal from Judgment of Supreme Court, Erie County, Kane, J. — Habeas Corpus.) Present — Pine, J. P., Hayes, Hurl-butt, Scudder and Lawton, JJ.