
    The People of the State of New York ex rel. Fred Mabery, Appellant, v W. Barkley, as Superintendent of Cape Vincent Correctional Facility, et al., Respondents.
    [778 NYS2d 390]
   Appeal from a judgment of the Supreme Court, Jefferson County (Hugh A. Gilbert, J.), dated April 3, 2003 in a proceeding pursuant to CPLR article 70. The judgment denied 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—Wisner, J.P., Hurlbutt, Kehoe, Martoche and Lawton, JJ.  