SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
November 13, 2009
IN THE MATTER OF CURT GUTHRIE, PETITIONER-APPELLANT,
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.
PRESENT: MARTOCHE, J.P., SMITH, PERADOTTO, GREEN, AND PINE, JJ.
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
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