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In the Matter of Thomas Bryant, Petitioner, v. Brian Fischer, Commissioner, New York State Department of Correctional Services, Respondent

New York Supreme Court, Appellate Division2009-02-06
59 A.D.3d 940872 N.Y.S.2d 333

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Opinion

majority opinion

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, Wyoming County [Mark H. Dadd, A.J.], entered July 17, 2008) 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 [1996]). Present—Smith, J.P., Centra, Peradotto and Gorski, JJ.