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Howard v. Annucci

148 A.D.3d 1649 Court N.Y. App. Div. Decision date 2017-03-24 English

Judges Present — Whalen, P.J., Smith, Centra, Curran and Scudder, JJ.

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p. 1649
In the Matter of Stanley L. Howard, Petitioner, v Anthony Annucci, Acting Commissioner, New York State Department of Corrections and Community Supervision, Respondent.
p. 1650
[48 NYS3d 919]

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 Aug. 16, 2016) to review a determination of respondent. The determination found after a tier III hearing that petitioner had violated various inmate rules.

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 — Whalen, P.J., Smith, Centra, Curran and Scudder, JJ.