| Matter of Tarbell v McAuliffe |
| 2014 NY Slip Op 07847 [122 AD3d 1315] |
| November 14, 2014 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Roy Tarbell, Petitioner, v B. McAuliffe, as Deputy Superintendent of Security of Cape Vincent Correctional Facility, Respondent. |
Roy Tarbell, petitioner pro se.
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, Jefferson County [James P. McClusky, J.], entered Dec. 4, 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., Fahey, Sconiers, Whalen and DeJoseph, JJ.