| Matter of Rivera v Fischer |
| 2009 NY Slip Op 06883 [66 AD3d 1331] |
| October 2, 2009 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Luis Rivera, Petitioner, v Brian Fischer, Commissioner, New York State Department of Correctional Services, et al., Respondents. |
—[*1]
Andrew M. Cuomo, Attorney General, Albany (Frank K. Walsh of counsel), for
respondents.
Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division in the Fourth Judicial Department by order of the Supreme Court, Seneca County [Dennis F. Bender, A.J.], entered February 27, 2009) to review a determination of respondents. The determination found after a tier III hearing that petitioner had violated various inmate rules.
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—Scudder, P.J., Hurlbutt, Peradotto, Green and Gorski, JJ.