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Shepherd v. Fischer

79 A.D.3d 1758 Court N.Y. App. Div. Decision date 2010-12-30 English

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p. 1758
In the Matter of Eon Shepherd, Petitioner, v Brian Fischer, Commissioner, New York State Department of Correctional Services, Respondent.
[913 NYS2d 631]

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 July 23, 2010) 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 — Centra, J.E, Bindley, Sconiers, Green and Gorski, JJ.