Majority
p. 1266In the Matter of Bernard Pitts, Petitioner, v Malcolm R. Cully, Superintendent, Livingston Correctional Facility, Respondent. [930 NYS2d 525]
It is hereby ordered that said proceeding is unanimously dismissed without costs as moot (see Matter of Free v Coombe, 234 AD2d 996 [1996]). Present — Scudder, PJ., Centra, Fahey, Green and Gorski, JJ.