
    The People of the State of New York ex rel. Napoleon Quinn, Appellant, v James Morrissey, Superintendent, Butler Correctional Facility, Respondent.
    [899 NYS2d 689]
   — Appeal from a judgment of the Supreme Court, Wayne County (Stephen R. Sirkin, A.J.), entered December 11, 2008 in a habeas corpus proceeding. The judgment denied the petition.

It is hereby ordered that said appeal is unanimously dismissed without costs as moot (see People ex rel. Hampton v Dennison, 59 AD3d 951 [2009], lv denied 12 NY3d 711 [2009]). Present— Martoche, J.P., Smith, Fahey, Peradotto and Green, JJ.  