Matter of Guthrie v Berbary
2009 NY Slip Op 08353 [67 AD3d 1403]
November 13, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 6, 2010


In the Matter of Curt Guthrie, Appellant, v James L. Berbary, Superintendent, Collins Correctional Facility, et al., Respondents.

—[*1] Alan Birnholz, East Amherst, for petitioner-appellant.

Andrew M. Cuomo, Attorney General, Albany (Marlene O. Tuczinski of counsel), for respondents-respondents.

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Russell P. 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]). Present—Martoche, J.P., Smith, Peradotto, Green and Pine, JJ.