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Haque v. Lempke

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


June 11, 2010

IN THE MATTER OF ANWATZ HAQUE, PETITIONER,
v.
JOHN LEMPKE, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY, AND P. PICCOLO, CAPTAIN, 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, Seneca County [Dennis F. Bender, A.J.], entered February 1, 2010) to review a determination of respondents. The determination found after a Tier II hearing that petitioner had violated an inmate rule.

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: SMITH, J.P., FAHEY, CARNI, GREEN, 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).

20100611

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