Majority
p. 918The People of State of New York ex rel. Edward Nelson, Appellant, v James Berbary, as Superintendent of Collins Correctional Facility, et al., Respondents. [762 NYS2d 314]
—Appeal from a judgment (denominated order) of Supreme Court, Erie County (D’Amico, J.), entered August 14, 2001, which denied the petition for a writ of habeas corpus.
It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs as moot (see People ex rel. Wilder v Markley, 26 NY2d 648 [1970], rearg denied 27 NY2d 737 [1970]). Present — Pine, J.P., Hurlbutt, Scudder, Kehoe and Hayes, JJ.