| Matter of Arocho v Fischer |
| 2008 NY Slip Op 07390 [55 AD3d 1349] |
| October 3, 2008 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Hector Arocho, Petitioner, v Brian Fischer, as Commissioner of New York State Department of Correctional Services, Respondent. |
—[*1]
Andrew M. Cuomo, 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, Wyoming County [Mark H. Dadd, A.J.], entered March 24, 2008) 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 is unanimously dismissed without costs as moot (see Matter of Free v Coombe, 234 AD2d 996 [1996]). Present—Smith, J.P., Lunn, Fahey and Peradotto, JJ.