Matter of Robinson v Fischer

Matter of Robinson v Fischer 2010 NY Slip Op 03580 [72 AD3d 1559] April 30, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 9, 2010

In the Matter of Eddie M. Robinson, Petitioner, v Brian Fischer, Commissioner, New York State Department of Correctional Services, et al., Respondents.

—[*1] Eddie M. Robinson, 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 December 21, 2009) to review a determination of respondents. 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 AD2d 996 [1996]). Present—Scudder, P.J., Smith, Peradotto, Lindley and Sconiers, JJ.