—Proceeding unanimously dismissed without costs as moot (see, Matter of Free v Coombe, 234 AD2d 996). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Erie County, Gorski, J.) Present — Green, A. P. J., Hurlbutt, Scudder and Lawton, JJ.
In the Matter of Nelson Rodriguez, Petitioner, v. Frank Irvin, as Superintendent of Wende Correctional Facility, et al., Respondents
269 A.D.2d 815703 N.Y.S.2d 808
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