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In the Matter of Robert Tumminia v. John B. Lemke

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


December 30, 2010

IN THE MATTER OF ROBERT TUMMINIA,
PETITIONER,
v.
JOHN B. LEMKE,
SUPERINTENDENT AND HEARING OFFICER LT. GIANNINO, FIVE POINTS CORRECTIONAL FACILITY,
RESPONDENTS.

Matter of Tumminia v Lemke

Decided on

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.

Decided on December 30, 2010

Appellate Division, Fourth Judicial Department

PRESENT: CENTRA, J.P., LINDLEY, SCONIERS, GREEN, AND GORSKI, JJ.

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 May 21, 2010) to review a determination of respondents. 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).

Entered: December 30, 2010

Patricia L. Morgan Clerk of the Court

20101230

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