Matter of Dublino v Eckert
2023 NY Slip Op 01425 [214 AD3d 1360]
March 17, 2023
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 3, 2023


[*1]
 In the Matter of Mark Dublino, Petitioner,
v
Stewart Eckert, Superintendent, Wende Correctional Facility, Respondent.

Mark Dublino, petitioner pro se.

Letitia James, Attorney General, Albany (Kate H. Nepveu 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, Erie County [Christopher J. Burns, J.], entered Sept. 17, 2021) to review a determination of respondent. The determination found after a tier II hearing that petitioner had violated various inmate rules.

It is hereby ordered that said proceeding is unanimously dismissed without costs as moot (see Matter of Free v Coombe, 234 AD2d 996, 996 [4th Dept 1996]). Present—Peradotto, J.P., Curran, Bannister and Montour, JJ.