Matter of Clyburn v Kadien
2010 NY Slip Op 03587 [72 AD3d 1563]
April 30, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 9, 2010


In the Matter of Ato Clyburn, Petitioner, v Gregory J. Kadien, Superintendent, Gowanda Correctional Facility, et al., Respondents.

—[*1] Ato Clyburn, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Frank Brady 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, Erie County [John L. Michalski, A.J.], entered December 2, 2009) 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., Centra, Fahey, Peradotto and Pine, JJ.