Appeal unanimously dismissed without costs as moot (see, People ex rel. Wilder v Markley, 26 NY2d 648, rearg denied 27 NY2d 737; People ex rel. Kendricks v Smith, 52 AD2d 1090). (Appeal from Judgment of Supreme Court, Erie County, Kane, J. — Habeas Corpus.) Present — Pine, J. P., Hayes, Hurl-butt, Scudder and Lawton, JJ.
The People of the State of New York ex rel. Brian A. Thomas, Appellant, v. Gary F. Hodges, as Superintendent of Gowanda Correctional Facility, et al., Respondents
281 A.D.2d 960722 N.Y.S.2d 447
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