SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
December 21, 2012
IN THE MATTER OF JOHN RICHARD,
HAROLD GRAHAM, SUPERINTENDENT,
Matter of Richard v Graham
Appellate Division, Fourth Department
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.
Released on December 21, 2012
PRESENT: SMITH, J.P., PERADOTTO, CARNI, SCONIERS, AND WHALEN, 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, Cayuga County [Thomas G. Leone, A.J.], entered June 29, 2012) 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).
Entered: December 21, 2012
Frances E. Cafarell Clerk of the Court
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