Matter of Roots v Annucci, 2022 NY Slip Op 07391 [211 AD3d 1626]

December 23, 2022

Appellate Division, Fourth Department

[*1]

In the Matter of Willie Roots, Petitioner,

v

Anthony Annucci, Acting Commissioner, New York State Department of Corrections and Community Supervision, Respondent.

Wyoming County-Attica Legal Aid Bureau, Warsaw (Michael Manusia of counsel), for petitioner.

Letitia James, Attorney General, Albany (Chris Liberati-Conant 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, Wyoming County [Michael M. Mohun, A.J.], entered June 20, 2022) to review a determination of respondent. The determination found after a tier III 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, 996 [4th Dept 1996]). Present—Peradotto, J.P., Lindley, Curran, Bannister and Montour, JJ..