Majority
p. 1402In the Matter of Antonio Velez, Petitioner, v James A. Mance, Superintendent, Marcy Correctional Facility, New York State Department of Correctional Services, Respondent. [893 NYS2d 784]
—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, Oneida County [Anthony F. Shaheen, J.], entered August 14, 2009) 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—Scudder, P.J., Fahey, Lindley and Green, JJ.