Matter of Delacruz v Fischer
2013 NY Slip Op 04213 [107 AD3d 1472]
June 7, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 31, 2013


In the Matter of Genaro Delacruz, Petitioner,
v
Brian Fischer, Commissioner, New York State Department of Corrections and Community Supervision, Respondent.

—[*1] Wyoming County-attica Legal Aid Bureau, Warsaw (Adam W. Koch of counsel), for petitioner. Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff 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, Wyoming County [Mark H. Dadd, A.J.], entered November 20, 2012) to review a determination of respondent. 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—Smith, J.P., Peradotto, Lindley and Valentino, JJ.