10 N.Y.3d 821 (2008)
In the Matter of LARRY DAVIS, Appellant,
In the Matter of LARRY DAVIS, Appellant,
v.
GLENN S. GOORD, as Commissioner of Correctional Services, Respondent.
Court of Appeals of the State of New York.
Submitted February 25, 2008. Decided April 24, 2008.Motion for leave to appeal dismissed upon the ground that the proceeding and the motion have abated because of the death of appellant.