
    In the Matter of Christopher Shapard, Appellant, v Anthony F. Zon, as Superintendent of Wende Correctional Facility, et al., Respondents.
    [836 NYS2d 477]
   Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Shirley Troutman, A.J.), entered April 12, 2006 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs as moot (see Matter of Free v Coombe, 234 AD2d 996 [1996]). Present—Scudder, P.J., Hurlbutt, Lunn, Green and Pine, JJ.  