
    In the Matter of Charles Motzer, Appellant, v Glenn S. Goord, as Commissioner of New York State Department of Correctional Services, Respondent.
    [797 NYS2d 341]
   Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered May 18, 2004 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs as moot (see Matter of Free v Coombe, 234 AD2d 996 [1996]). Present—Hurlbutt, J.P., Scudder, Kehoe, Gorski and Fine, JJ.  