| Matter of Martinez v Selsky |
| 2004 NY Slip Op 02002 [5 AD3d 1076] |
| March 19, 2004 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Glen Martinez, Petitioner, v Donald Selsky, as Director of Special Housing/Inmate Disciplinary Programs, New York State Department of Correctional Services, 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, entered October 8, 2003 in Orleans County [James P. Punch, A.J.]) to review a determination of respondent. The determination found after a Tier III hearing that petitioner had violated an inmate rule.
It is hereby ordered that said proceeding be and the same hereby is unanimously dismissed without costs as moot (see Matter of Free v Coombe, 234 AD2d 996 [1996]). Present—Pigott, Jr., P.J., Green, Wisner, Hurlbutt and Gorski, JJ.