Matter of Congilaro v Goord
2005 NY Slip Op 09969 [24 AD3d 1301]
December 22, 2005
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 15, 2006


In the Matter of Philip Congilaro, Petitioner, v Glenn S. Goord, as Commissioner of New York State Department of Correctional Services, Respondent.

[*1]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 [Mark H. Dadd, A.J.], entered July 6, 2005) to review a determination of respondent. The determination found after a Tier II hearing that petitioner had violated various inmate rules.

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, Kehoe, Martoche and Pine, JJ.