IN RE: ALBERTO RODRIGUEZ (2010)

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, Seneca County [Dennis F. Bender, A.J.], entered December 31, 2009) to review a determination of respondent.   The determination found after a Tier III 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