IN RE: JAMES M. WEST

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

IN RE: JAMES M. WEST, PETITIONER, v. MICHAEL SHEAHAN, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY, RESPONDENT. JAMES M. WEST, PETITIONER PRO SE.

TP 13–00008

Decided: June 28, 2013

PRESENT:  CENTRA, J.P., SCONIERS, VALENTINO, WHALEN, AND MARTOCHE, 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, Seneca County [Dennis F. Bender, A.J.], entered December 28, 2012) 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).

Frances E. Cafarell

Clerk of the Court