| Matter of Daum v Annucci |
| 2017 NY Slip Op 03381 [149 AD3d 1589] |
| April 28, 2017 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Terence Daum, Petitioner, v Anthony J. Annucci, Acting Commissioner, New York State Department of Corrections and Community Supervision, et al., Respondents. |
Terence Daum, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondents.
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, Erie County [M. William Boller, A.J.], entered September 22, 2016) to review a determination of respondents. 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—Whalen, P.J., Carni, NeMoyer, Curran and Troutman, JJ.