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

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


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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