Matter of Karen T. Ely v R. Kirkpatrick

Matter of Ely v Kirkpatrick 2006 NY Slip Op 03267 [28 AD3d 1158] April 28, 2006 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 21, 2006

In the Matter of Karen T. Ely, Petitioner, v R. Kirkpatrick, as Superintendent of Albion Correctional Facility, et al., Respondents.

—[*1]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, Orleans County [James P. Punch, A.J.], entered November 30, 2005) to review a determination of respondents. The determination found after a Tier II hearing that petitioner had violated various inmate rules.

It is hereby ordered that said proceeding be and the same hereby is unanimously dismissed without costs as moot (see Matter of Free v Coombe, 234 AD2d 996 [1996]). Present—Hurlbutt, J.P., Scudder, Kehoe, Gorski and Hayes, JJ.