Opinion
12-23-2016
In the Matter of Brian HUNT, Petitioner, v. Anthony ANNUCCI, Acting Commissioner, New York State Department of Corrections and Community Supervision, Respondent.
Wyoming County–Attica Legal Aid Bureau, Warsaw (Adam W. Koch of Counsel), for petitioner. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of Counsel), for respondent.
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, Wyoming County [Michael M. Mohun, A.J.], entered April 19, 2016) to review a determination of respondent. The determination found after a tier II hearing that petitioner had violated an inmate rule.
Wyoming County–Attica Legal Aid Bureau, Warsaw (Adam W. Koch of Counsel), for petitioner.
Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of Counsel), for respondent.
It is hereby ORDERED that said proceeding is unanimously dismissed without costs as moot (see Matter of Free v. Coombe, 234 A.D.2d 996, 652 N.Y.S.2d 190 ).
WHALEN, P.J., SMITH, CARNI, DeJOSEPH, and CURRAN, JJ., concur.