| Matter of Russ v Fischer |
| 2014 NY Slip Op 01873 [115 AD3d 1212] |
| March 21, 2014 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Bryon K. Russ, Sr., Petitioner, v Brian Fischer, Commissioner, New York State Department of Corrections and Community Supervision, Respondent. |
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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, Cayuga County [Mark H. Fandrich, A.J.], entered Aug. 9, 2013) 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 proceeding is unanimously dismissed without costs as moot (see Matter of Free v Coombe, 234 AD2d 996 [1996]). Present—Scudder, P.J., Centra, Peradotto, Lindley and Whalen, JJ.