| Matter of Haque v Lempke |
| 2010 NY Slip Op 05127 [74 AD3d 1814] |
| June 11, 2010 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Anwatz Haque, Petitioner, v John Lempke, Superintendent, Five Points Correctional Facility, et al., Respondents. |
—[*1]
Andrew M. Cuomo, Attorney General, Albany (Martin A. Hotvet 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, Seneca County [Dennis F. Bender, A.J.], entered February 1, 2010) to review a determination of respondents. 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—Smith, J.P., Fahey, Carni, Green and Gorski, JJ.