
    In the Matter of Carlos Mojica, Appellant, v Glenn S. Goord, as Commissioner of New York State Department of Correctional Services, Respondent.
    (Appeal No. 2.)
    [719 NYS2d 916]
   —Appeal unanimously dismissed without costs (see, Empire Ins. Co. v Food City, 167 AD2d 983, 984). (Appeal from Order of Supreme Court, Wyoming County, Dadd, J. — Reargument.) Present — Pigott, Jr., P. J., Wisner, Hurlbutt, Burns and Law-ton, JJ.  