Matter of Hanson v Labriola
2008 NY Slip Op 10320 [57 AD3d 1440]
December 31, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 11, 2009


In the Matter of Paul Hanson, Petitioner, v A. Labriola, Deputy Superintendent for Security, Orleans Correctional Facility, Respondent. (Appeal No. 1.)

—[*1] Law Office of Tom Terrizzi, Ithaca (Tom Terrizzi of counsel), for petitioner.

Andrew M. Cuomo, Attorney General, Albany (David M. Finkelstein 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, Orleans County [James H. Dillon, J.], entered May 21, 2008) to review a determination of respondent. The determination found after a tier II 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—Martoche, J.P., Smith, Fahey and Pine, JJ.