Opinion
No. TP 08-00759.
February 6, 2009.
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, Seneca County [Dennis F. Bender, A.J.], entered April 4, 2008) to review a determination of respondent. The determination found after a tier II hearing that petitioner had violated an inmate rule.
DAVID RHODES, PETITIONER PRO SE.
ANDREW M. CUOMO, ATTORNEY GENERAL, ALBANY (MARTIN A. HOTVET OF COUNSEL), FOR RESPONDENT.
Present: Smith, J.P., Centra, Fahey, Green and Pine, JJ.
It is hereby ordered that said proceeding is unanimously dismissed without costs as moot ( see Matter of Free v Coombe, 234 AD2d 996).