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Tarbell v. McAuliffe

122 A.D.3d 1315 Court N.Y. App. Div. Decision date 2014-11-14 English

Judges Present — Centra, J.E, Fahey, Sconiers, Whalen and DeJoseph, JJ.

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p. 1315
In the Matter of Roy Tarbell, Petitioner, v B. McAuliffe, as Deputy Superintendent of Security of Cape Vincent Correctional Facility, Respondent.
[994 NYS2d 883]

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, Jefferson County [James E McClusky, J.], entered Dec. 4, 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, Fahey, Sconiers, Whalen and DeJoseph, JJ.