Vineski v. Henderson

Appeal from a judgment of the Supreme Court at Special Term (Walsh, Jr., J.), entered April 27, 1984 in Washington County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Commissioner of Correctional Services finding petitioner guilty of violating a prison disciplinary rule.

This proceeding should be dismissed as moot (see, Matter of Gonzalez v Jones, 115 AD2d 849).

Proceeding dismissed as moot, without costs. Mahoney, P. J., Casey, Weiss and Levine, JJ., concur.

dissents in the following memorandum. Kane, J. (dissenting). I respectfully dissent for the reasons I stated in Matter of Gonzalez v Jones (115 AD2d 849).