
    In the Matter of John Hogan, Appellant, v Brian Fischer, Commissioner, New York State Department of Correctional Services, Respondent.
    [924 NYS2d 903]
   Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered December 17, 2009 in a proceeding pursuant to CPLR article 78. The judgment denied 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 — Centra, J.P., Fahey, Garni, Sconiers and Green, JJ.  