*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 719

CA 10-00412

PRESENT: CENTRA, J.P., FAHEY, CARNI, SCONIERS, AND GREEN, JJ. IN THE MATTER OF JOHN HOGAN,

PETITIONER-APPELLANT,

V ORDER BRIAN FISCHER, COMMISSIONER, NEW YORK STATE

DEPARTMENT OF CORRECTIONAL SERVICES,

RESPONDENT-RESPONDENT.

JOHN HOGAN, PETITIONER-APPELLANT PRO SE.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (MARCUS J. MASTRACCO OF COUNSEL), FOR RESPONDENT-RESPONDENT. Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered December 17, 2009 in a proceeding pursuant to CPLR article 78. The judgment denied the petition.

It is hereby ORDERED that said appeal is unanimously dismissed without costs as moot ( see Matter of Free v Coombe , 234 AD2d 996). Entered: June 10, 2011 Patricia L. Morgan

Clerk of the Court