Majority
p. 832In the Matter of James Buckley, Petitioner, v Glenn S. Goord, as Commissioner of New York State Department of Correctional Services, Respondent. [739 NYS2d 310]
CPLR article 78 proceeding transferred to this Court by order of Supreme Court, Wyoming County (Dadd, J.), entered October 16, 2001, seeking to annul a determination of respondent after a Tier III hearing.
It is hereby ordered that said proceeding be and the same hereby is unanimously dismissed without costs as moot (see, Matter of Free v Coombe, 234 AD2d 996 ). Present — Green, J.P., Hayes, Hurlhutt, Kehoe and Burns, JJ.