
    The People of State of New York ex rel. Alfred O’Connor on Behalf of Kevin Lasch, Respondent, v James L. Berbary, as Superintendent of Collins Correctional Facility, et al., Appellants.
    [767 NYS2d 714]
   Appeal from a judgment (denominated order) of Supreme Court, Erie County (Doyle, J.), entered December 20, 2002, which, inter alia, granted the petition for a writ of habeas corpus.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs as moot (see People ex rel. Kendricks v Smith, 52 AD2d 1090 [1976]). Present — Pigott, Jr., PJ., Pine, Scudder, Gorski and Lawton, JJ.  