Civil Procedure · MBE-tested
In the Matter of Terence Daum, Petitioner, v. Anthony J. Annucci, Acting Commissioner, New York State Department of Corrections and Community Supervision, et al., Respondents
149 A.D.3d 158951 N.Y.S.3d 460·New York Supreme Court, Appellate Division·2017·NY
Present — Whalen, P.J., Carni, NeMoyer, Curran and Troutman, JJ.
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Opinion
In the Matter of Terence Daum, Petitioner, v Anthony J. Annucci, Acting Commissioner, New York State Department of Corrections and Community Supervision, et al., Respondents.
[51 NYS3d 460]
[MAJORITY]
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, Erie County [M. William Boiler, A.J.], entered September 22, 2016) to review a determination of respondents. The determination found after a tier III 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 AD2d 996 [1996]).
Present — Whalen, P.J., Carni, NeMoyer, Curran and Troutman, JJ.