Matter of Tumminia v Lemke

Matter of Tumminia v Lemke 2010 NY Slip Op 09739 [79 AD3d 1759] December 30, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 16, 2011

In the Matter of Robert Tumminia, Petitioner, v John B. Lemke, Superintendent, Five Points Correctional Facility, et al., Respondents.

—[*1] Robert Tumminia, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Owen Demuth of counsel), for respondent.

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 May 21, 2010) 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 is unanimously dismissed without costs as moot (see Matter of Free v Coombe, 234 AD2d 996 [1996]). Present—Centra, J.P., Lindley, Sconiers, Green and Gorski, JJ.