IN RE: JAMEL FLOYD

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

IN RE: JAMEL FLOYD, PETITIONER, v. BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT.

TP 13–00270

Decided: June 28, 2013

PRESENT:  SMITH, J.P., FAHEY, CARNI, SCONIERS, AND VALENTINO, JJ. WYOMING COUNTY–ATTICA LEGAL AID BUREAU, WARSAW (ADAM W. KOCH OF COUNSEL), FOR PETITIONER. ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (KATHLEEN M. ARNOLD 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, Wyoming County [Mark H. Dadd, A.J.], entered February 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