IN RE: CHARLES MCALLISTER

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

IN RE: CHARLES MCALLISTER, PETITIONER, v. PATRICIA LECONEY, SUPERINTENDENT, CAPE VINCENT CORRECTIONAL FACILITY, RESPONDENT. CHARLES MCALLISTER, PETITIONER PRO SE.

TP 10-01476

Decided: March 25, 2011

PRESENT:  SMITH, J.P., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, 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, Jefferson County [Hugh A. Gilbert, J.], entered June 21, 2010) 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 A.D.2d 996).

Patricia L. Morgan

Clerk of the Court