| Matter of Fountain v Annucci |
| 2018 NY Slip Op 00658 [158 AD3d 1067] |
| February 2, 2018 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Albert Fountain, Petitioner, v Anthony Annucci, Acting Commissioner, New York State Department of Corrections and Community Supervision, et al., Respondents. |
Albert Fountain, 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, Seneca County [Dennis F. Bender, A.J.], entered Sept. 14, 2016) to review a determination finding, after a tier III hearing, that petitioner had violated various inmate rules.
It is hereby ordered that said petition is unanimously dismissed without costs as moot (see Matter of Free v Coombe, 234 AD2d 996, 996 [4th Dept 1996]). Present—Whalen, P.J., Smith, DeJoseph, NeMoyer and Winslow, JJ.