Opinion
No. TP 08-02113.
March 20, 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, Cayuga County [Thomas G. Leone, A.J.], entered October 9, 2008) to review a determination of respondents. The determination found after a tier III hearing that petitioner had violated an inmate rule.
THOMAS J. CERIO, SYRACUSE, FOR PETITIONER.
ANDREW M. CUOMO, ATTORNEY GENERAL, ALBANY (KATE H. NEPVEU OF COUNSEL), FOR RESPONDENTS.
Before: Martoche, J.P., Smith, Centra, Fahey 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).