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In the Matter of Curt Guthrie v. James L. Berbary, Superintendent, Collins Correctional Facility
Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Russell E Buscaglia, A.J.), entered August 19, 2008 in a proceeding pursuant to CPLR article 78. 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 [2001]; see also Matter of Schwartz v Dennison, 40 AD3d 218 [2007]). Fresent—Martoche, J.P., Smith, Peradotto, Green and Pine, JJ.