NEW YORK SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT
November 13, 2009
IN THE MATTER OF CURT GUTHRIE, APPELLANT,
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 ; see also Matter of Schwartz v Dennison, 40 AD3d 218 ).
Present---Martoche, J.P., Smith, Peradotto, Green and Pine, JJ.
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