Opinion
TP 03-02094.
Decided March 19, 2004.
Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, entered October 8, 2003 in Orleans County [James P. Punch, A.J.]) to review a determination of respondent. The determination found after a Tier III hearing that petitioner had violated an inmate rule.
GLEN MARTINEZ, PETITIONER PRO SE.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (WAYNE L. BENJAMIN OF COUNSEL), FOR RESPONDENT.
PRESENT: PIGOTT, JR., P.J., GREEN, WISNER, HURLBUTT, AND GORSKI, JJ.
It is hereby ORDERED that said proceeding be and the same hereby is unanimously dismissed without costs as moot ( see Matter of Free v. Coombe, 234 A.D.2d 996).