| Matter of Navarez v Khahaifa |
| 2009 NY Slip Op 09818 [68 AD3d 1727] |
| December 30, 2009 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of John Navarez, Petitioner, v Sibatu Khahaifa, Superintendent, Orleans Correctional Facility, Respondent. |
—[*1]
Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco 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 December 31, 2008) to review a determination of respondent. The determination found after a tier II 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., Fahey, Carni and Gorski, JJ.