Opinion
2011-09-30
In the Matter of Bernard PITTS, Petitioner,v.Malcolm R. CULLY, Superintendent, Livingston Correctional Facility, Respondent.
Bernard Pitts, Petitioner pro se.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 *526 the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Livingston County [Robert B. Wiggins, A.J.], entered December 10, 2010) to review a determination of respondent. The determination found after a Tier III hearing that petitioner had violated various inmate rules.
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).
SCUDDER, P.J., CENTRA, FAHEY, GREEN, and GORSKI, JJ., concur.