
    [764 NE2d 388, 738 NYS2d 285]
    In the Matter of Joseph Medina, Appellant, v Edward R. Donnelly, as Superintendent of Wende Correctional Facility, et al., Respondents.
    Decided December 20, 2001
    APPEARANCES OF COUNSEL
    
      Joseph Medina, appellant pro se.
    
    
      Eliot Spitzer, Attorney General, Albany (Patrick Barnett-Mulligan, Daniel Smirlock and Peter G. Crary of counsel), for respondents.
   OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, without costs. The Appellate Division correctly determined that the instant proceeding was moot.

Concur: Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley, Rosenblatt and Graffeo.  