p. 849(December 12, 1985) In the Matter of Richard T. Vineski, Appellant, v Robert J. Henderson, as Superintendent of Auburn Correctional Facility, Respondent.
Appeal from a judgment of the Supreme Court at Special Term (Walsh, Jr., J.), entered April 27, 1984 in Washington County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Commissioner of Correctional Services finding petitioner guilty of violating a prison disciplinary rule.
This proceeding should be dismissed as moot (see, Matter of Gonzalez v Jones, 115 AD2d 849).
Proceeding dismissed as moot, without costs. Mahoney, P. J., Casey, Weiss and Levine, JJ., concur.
dissents in the following memorandum. Kane, J. (dissenting). I respectfully dissent for the reasons I stated in Matter of Gonzalez v Jones (115 AD2d 849).