
    The People of the State of New York, ex rel. Michael Boothe, Appellant, v David R. Harris, as Superintendent of Green Haven Correctional Facility, Respondent.
   Appeal from a judgment of the Supreme Court, Dutchess County, dated June 8, 1978, dismissed as academic, without costs or disbursements. The judgment was superseded by an order of the same court dated August 21, 1978, made upon reargument. Order affirmed, without costs or disbursements. Titone, J. P., Lazer, Margett and Martuscello, JJ., concur.  