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In the Matter of John Navarez v. Sibatu Khahaifa

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


December 30, 2009

IN THE MATTER OF JOHN NAVAREZ,
PETITIONER,
v.
SIBATU KHAHAIFA, SUPERINTENDENT, ORLEANS CORRECTIONAL FACILITY,
RESPONDENT.

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, Orleans County [James H. Dillon, J.], entered December 31, 2008) to review a determination of respondent.

1511

PRESENT: SCUDDER, P.J., FAHEY, CARNI, AND GORSKI, JJ.

ORDER

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).

Patricia L. Morgan Clerk of the Court

20091230

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