
    In the Matter of Qabail Hizbullahankhamon, Appellant, v Glenn S. Goord, as Commissioner of New York State Department of Correctional Services, Respondent.
    (Appeal No. 1.)
    [827 NYS2d 914]
   Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered October 28, 2005 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—Scudder, PJ., Hurlbutt, Smith, Lunn and Green, JJ.  