Matter of Howard v Fischer
2014 NY Slip Op 01903 [115 AD3d 1232]
March 21, 2014
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 30, 2014


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

—[*1] Wyoming County-Attica Legal Aid Bureau, Warsaw (Leah R. Nowotarski of counsel), for petitioner.

Eric T. Schneiderman, 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, Wyoming County [Mark H. Dadd, A.J.], entered Aug. 15, 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—Centra, J.P., Peradotto, Carni, Valentino and Whalen, JJ.