Opinion
11-10-2016
Jeffrey JOSEPH, Petitioner, v. Anthony ANNUCCI, Acting Commissioner, New York State Department of Corrections and Community Supervision, Respondent.
Wyoming County–Attica Legal Aid Bureau, Warsaw (Leah R. Nowotarski of Counsel), for petitioner. Eric T. Schneiderman, Attorney General, Albany (Frank Brady 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 January 14, 2016) to review a determination of respondent. The determination found after a tier III hearing that petitioner had violated various inmate rules.
Wyoming County–Attica Legal Aid Bureau, Warsaw (Leah R. Nowotarski of Counsel), for petitioner.
Eric T. Schneiderman, Attorney General, Albany (Frank Brady 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., CENTRA, CARNI, CURRAN, and TROUTMAN, JJ., concur.