Phillips v. Annucci — 147 A.D.3d 1311

Majority

p. 1311

In the Matter of Jason Phillips, Petitioner, v Anthony Annucci, Acting Commissioner, New York State Department of Corrections and Community Supervision, Respondent.

[46 NYS3d 810]

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 [Michael M. Mohun, A.J.], entered June 3, 2016) to review a determination of respondent. The determination found after a tier III 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,

p. 1312

234 AD2d 996 [1996]).

Present — Smith, J.P., DeJoseph, NeMoyer, Troutman and Scudder, JJ.