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Guthrie v. Berbary

NEW YORK SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT


November 13, 2009

IN THE MATTER OF CURT GUTHRIE, APPELLANT,
v.
JAMES L. BERBARY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY, ET AL., RESPONDENTS.

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Russell P. Buscaglia, A.J.), entered August 19, 2008 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, January 6, 2010

It is hereby ordered that said appeal is unanimously dismissed without costs as moot (see Matter of Moissett v Travis, 97 NY2d 673 [2001]; see also Matter of Schwartz v Dennison, 40 AD3d 218 [2007]).

Present---Martoche, J.P., Smith, Peradotto, Green and Pine, JJ.

20091113

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