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In the Matter of Curt Guthrie v. James L. Berbary

November 13, 2009

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

1334

PRESENT: MARTOCHE, J.P., SMITH, PERADOTTO, GREEN, AND PINE, JJ.

ORDER

The judgment dismissed the petition.

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).

Patricia L. Morgan Clerk of the Court

20091113

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