Matter of Coyne v State of New York
2009 NY Slip Op 02078 [60 AD3d 1357]
March 20, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 6, 2009


In the Matter of Sean P. Coyne, Petitioner, v State of New York et al., Respondents.

—[*1] Thomas J. Cerio, Syracuse, for petitioner.

Andrew M. Cuomo, Attorney General, Albany (Kate H. Nepveu of counsel), for respondents.

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, Cayuga County [Thomas G. Leone, A.J.], entered October 9, 2008) to review a determination of respondents. 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—Martoche, J.P., Smith, Centra, Fahey and Pine, JJ.