Majority
p. 1260In the Matter of Miguel Jeffrey, Petitioner, v Brian Fischer, Commissioner, New York State Department of Correctional Services, Respondent. [916 NYS2d 548]
— 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 [Mark H. Dadd, A.J.], entered September 29, 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 — Scudder, P.J., Smith, Lindley, Green and Martoche, JJ.