
    In the Matter of Nelson Rodriguez, Petitioner, v Frank Irvin, as Superintendent of Wende Correctional Facility, et al., Respondents.
    [703 NYS2d 808]
   —Proceeding unanimously dismissed without costs as moot (see, Matter of Free v Coombe, 234 AD2d 996). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Erie County, Gorski, J.) Present — Green, A. P. J., Hurlbutt, Scudder and Lawton, JJ.  