Majority
p. 856In the Matter of Michael Erber, Petitioner, v Glenn S. Goord, as Commissioner of New York State Department of Correctional Services, Respondent. [730 NYS2d 466]
—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 — Pigott, Jr., P. J., Hayes, Hurlbutt, Burns and Gorski, JJ.