Opinion
2014-03-21
In the Matter of Bryon K. RUSS, Sr., Petitioner, v. Brian FISCHER, Commissioner, New York State Department of Corrections and Community Supervision, 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, Cayuga County [Mark H. Fandrich, A.J.], entered August 9, 2013) to review a determination of respondent. The determination found after a tier II hearing that petitioner had violated an inmate rule. Bryon K. Russ, Sr., Petitioner Pro Se. Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff 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, Cayuga County [Mark H. Fandrich, A.J.], entered August 9, 2013) to review a determination of respondent. The determination found after a tier II hearing that petitioner had violated an inmate rule.
Bryon K. Russ, Sr., Petitioner Pro Se. Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff 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). SCUDDER, P.J., CENTRA, PERADOTTO, LINDLEY, and WHALEN, JJ., concur.