Majority
p. 1418In the Matter of Garnett Leacock, Petitioner, v Brian Fischer, Commissioner, New York State Department of Correctional Services, Respondent. [942 NYS2d 394]
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 November 15, 2011) to review a determination of respondent. The determination found after a tier II 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 — Smith, J.P., Lindley, Sconiers and Martoche, JJ.