Securities

In the Matter of Roy Tarbell, Petitioner, v. B. McAuliffe, as Deputy Superintendent of Security of Cape Vincent Correctional Facility, Respondent

122 A.D.3d 1315994 N.Y.S.2d 883·New York Supreme Court, Appellate Division·2014·NY

Present — Centra, J.E, Fahey, Sconiers, Whalen and DeJoseph, JJ.

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Opinion

In the Matter of Roy Tarbell, Petitioner, v B. McAuliffe, as Deputy Superintendent of Security of Cape Vincent Correctional Facility, Respondent. [994 NYS2d 883] [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, Jefferson County [James E McClusky, J.], entered Dec. 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 AD2d 996 [1996]). Present — Centra, J.E, Fahey, Sconiers, Whalen and DeJoseph, JJ.