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McKnight v. Fischer

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


December 31, 2008

IN THE MATTER OF JAMES A. MCKNIGHT, III, PETITIONER,
v.
BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, AND DONALD SELSKY, DIRECTOR, SPECIAL HOUSING/INMATE DISCIPLINARY PROGRAMS, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENTS.

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, Erie County [Penny M. Wolfgang, J.], entered June 30, 2008) to review a determination of respondents. The determination found after a Tier III hearing that petitioner had violated various inmate rules.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: SCUDDER, P.J., CENTRA, FAHEY, PINE, AND GORSKI, JJ.

It is hereby ORDERED that said proceeding is unanimously dismissed without costs as moot (see Matter of Free v Coombe, 234 AD2d 996).

20081231

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