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Rodriguez v. Fischer

77 A.D.3d 1278 Court Fourth Department, Decision date 2010-10-01 English

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p. 1278
Fourth Department,
October, 2010
(October 1, 2010)
In the Matter of Alberto Rodriguez, Petitioner, v Brian Fischer, Commissioner, New York State Department of Correctional Services, Respondent.
[907 NYS2d 906]

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, Seneca County [Dennis F. Bender, A.J.], entered December 31, 2009) 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, 234 AD2d 996 [1996]). Present—Scudder, P.J., Martoche, Peradotto, Green and Gorski, JJ.