IN RE: ROY TARBELL (2014)

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

IN RE: ROY TARBELL, PETITIONER, v. B. MCAULIFFE, DEPUTY SUPERINTENDENT OF SECURITY, CAPE VINCENT CORRECTIONAL FACILITY, RESPONDENT. ROY TARBELL, PETITIONER PRO SE.

TP 14–00596

Decided: November 14, 2014

PRESENT: CENTRA, J.P., FAHEY, SCONIERS, WHALEN, AND DEJOSEPH, JJ.

ERIC T. SCHNEIDERMAN, 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, Jefferson County [James P. McClusky, J.], entered December 4, 2013) 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).

Frances E. Cafarell

Clerk of the Court

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