Opinion
1123 TP 14-00596
11-14-2014
IN THE MATTER OF ROY TARBELL, PETITIONER, v. B. MCAULIFFE, DEPUTY SUPERINTENDENT OF SECURITY, CAPE VINCENT CORRECTIONAL FACILITY, RESPONDENT.
ROY TARBELL, PETITIONER PRO SE. ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (MARCUS J. MASTRACCO OF COUNSEL), FOR RESPONDENT.
PRESENT: , FAHEY, SCONIERS, WHALEN, AND DEJOSEPH, JJ.
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, Jefferson County [James P. McClusky, J.], entered December 4, 2013) to review a determination of respondent. The determination found after a tier II hearing that petitioner had violated an inmate rule.
ROY TARBELL, PETITIONER PRO SE.
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 AD2d 996).
Entered: November 14, 2014
Frances E. Cafarell
Clerk of the Court