| Matter of Rolf v Hulihan |
| 2010 NY Slip Op 08161 [78 AD3d 1504] |
| November 12, 2010 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Donald Rolf, Petitioner, v William Hulihan, Superintendent, Mid-State Correctional Facility, Respondent. |
—[*1]
Andrew M. Cuomo, Attorney General, Albany (Martin A. Hotvet 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, Oneida County [Anthony F. Shaheen, J.], entered April 14, 2010) to review a determination of respondent. The determination found after a tier II hearing that petitioner had violated an inmate rule.
It is hereby ordered that said petition is unanimously dismissed without costs as moot (see Matter of Free v Coombe, 234 AD2d 996 [1996]). Present—Scudder, P.J., Peradotto, Carni, Green and Gorski, JJ.