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Howard v. Fischer

115 A.D.3d 1232 Court N.Y. App. Div. Decision date 2014-03-21 English

Judges Present — Centra, J.E, Peradotto, Carni, Valentino and Whalen, JJ.

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p. 1232
In the Matter of Vincent Howard, Petitioner, v Brian Fischer, Commissioner, New York State Department of Corrections and Community Supervision, Respondent.
[982 NYS2d 799]

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, Wyoming County [Mark H. Dadd, A.J.], entered Aug. 15, 2013) to review a determination of respondent. The determination found after a tier II 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 — Centra, J.E, Peradotto, Carni, Valentino and Whalen, JJ.