IN RE: ANTONIO VELEZ (2010)

Supreme Court, Appellate Division, Fourth Department, New York.

IN RE: ANTONIO VELEZ, PETITIONER, v. JAMES A. MANCE, SUPERINTENDENT, MARCY CORRECTIONAL FACILITY, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENT. ANTONIO VELEZ, PETITIONER PRO SE.

TP 09-01734

Decided: February 11, 2010

PRESENT: SCUDDER, P.J., FAHEY, LINDLEY, AND GREEN, JJ.

ANDREW M. CUOMO, ATTORNEY GENERAL, ALBANY (MARCUS J. MASTRACCO OF COUNSEL), FOR RESPONDENT.

ORDER

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, Oneida County [Anthony F. Shaheen, J.], entered August 14, 2009) to review a determination of respondent. The determination found after a Tier II hearing that petitioner had violated an inmate rule.

It is hereby ORDERED that said proceeding is unanimously dismissed without costs as moot (see Matter of Free v. Coombe, 234 A.D.2d 996).

Patricia L. Morgan

Clerk of the Court

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