Matter of West v Lempke

Matter of West v Lempke 2008 NY Slip Op 10319 [57 AD3d 1439] December 31, 2008 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 11, 2009

In the Matter of James M. West, Petitioner, v John B. Lempke, Superintendent, Five Points Correctional Facility, et al., Respondents.

—[*1] James M. West, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondents.

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, Seneca County [Dennis F. Bender, A.J.], entered April 17, 2008) to review a determination of respondents. 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—Martoche, J.P., Smith, Fahey and Pine, JJ.