
    In the Matter of Jovan Fludd, Appellant, v Dale Artus, Superintendent, Wende Correctional Facility, et al., Respondents.
    [997 NYS2d 659] —
   Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Russell P Buscaglia, A.J.), entered February 13, 2013 in a CPLR article 78 proceeding. The judgment denied the petition.

It is hereby ordered that said appeal is unanimously dismissed without costs as moot (see Matter of Ansari v Travis, 9 AD3d 901 [2004], lv denied 3 NY3d 610 [2004]).

Present — Smith, J.P, Fahey, Whalen and DeJoseph, JJ.  