| Matter of Miller v Kirkpatrick |
| 2007 NY Slip Op 08534 [45 AD3d 1319] |
| November 9, 2007 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Walter Miller, Petitioner, v Robert A. Kirkpatrick, as Superintendent of Wende Correctional Facility, Respondent. |
—[*1]
Andrew M. Cuomo, 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, Erie County [Shirley Troutman, A.J.], entered April 20, 2007) to review a determination of respondent. The determination found after a tier III 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—Scudder, P.J., Gorski, Lunn, Peradotto and Green, JJ.