
    In the Matter of Demar Mathis, Respondent, v New York State Department of Correctional Services, Appellant.
    (Appeal No. 1.)
    [916 NYS2d 881]
   — Appeal from a judgment (denominated decision and order) of the Supreme Court, Erie County (John L. Michalski, A.J.), entered September 17, 2009 in a proceeding pursuant to CPLR article 78. The judgment granted the petition.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Loafin’ Tree Rest, v Pardi [appeal No. 1], 162 AD2d 985 [1990]). Present — Scudder, P.J., Centra, Carni, Sconiers and Gorski, JJ.  