
    In the Matter of Brian M. McCarthy, Petitioner, v Hans Walker, as Superintendent of Auburn Correctional Facility, Respondent.
    [732 NYS2d 921]
   —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, Cayuga County, Corning, J.) Present — Pine, J. P., Hurlbutt, Scudder, Kehoe and Gorski, JJ.  