| Matter of McAllister v LeConey |
| 2011 NY Slip Op 02198 [82 AD3d 1632] |
| March 25, 2011 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Charles McAllister, Petitioner, v Patricia LeConey, Superintendent, Cape Vincent 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, Jefferson County [Hugh A. Gilbert, J.], entered June 21, 2010) 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—Smith, J.P., Peradotto, Lindley, Sconiers and Martoche, JJ.