Appellate Division of the Supreme Court of New York, 2009

Rhodes v. Lempke

Rhodes v. Lempke
Appellate Division of the Supreme Court of New York · Decided February 6, 2009
59 A.D.3d 994; 872 N.Y.S.2d 306
Rhodes v. Lempke

Opinion of the Court

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 4, 2008) to review a determination of respondent. 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—Smith, J.P., Centra, Fahey, Green and Pine, JJ.

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