IN RE: JUSTO RICHARDS

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

IN RE: JUSTO RICHARDS, PETITIONER, v. ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT.

TP 18–00952

Decided: November 09, 2018

PRESENT:  WHALEN, P.J., CARNI, CURRAN, TROUTMAN, AND WINSLOW, JJ. WYOMING COUNTY–ATTICA LEGAL AID BUREAU, WARSAW (LEAH R. NOWOTARSKI OF COUNSEL), FOR PETITIONER.

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 [Michael M. Mohun, A.J.], entered May 22, 2018) to review a determination of respondent.  The determination found after a tier III 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, 996 [4th Dept 1996] ).

Mark W. Bennett

Clerk of the Court