
    In the Matter of Christopher Shapard, Appellant, v Anthony Zon, Superintendent, Wende Correctional Facility, et al., Respondents.
    [879 NYS2d 744]
   Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Shirley Troutman, A.J.), entered August 25, 2006 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ordered that said appeal is unanimously dismissed without costs as moot (see Matter of Free v Coombe, 234 AD2d 996 [1996]). Present—Martoche, J.E, Smith, Fahey, Garni and Green, JJ.  