
    In the Matter of Curt Guthrie, Appellant, v James L. Berbary, Superintendent, Collins Correctional Facility, et al., Respondents.
    [887 NYS2d 895]
   Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Russell E Buscaglia, A.J.), entered August 19, 2008 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ordered that said appeal is unanimously dismissed without costs as moot (see Matter of Moissett v Travis, 97 NY2d 673 [2001]; see also Matter of Schwartz v Dennison, 40 AD3d 218 [2007]). Fresent—Martoche, J.P., Smith, Peradotto, Green and Pine, JJ.  