RICHARD, JOHN v. GRAHAM, HAROLD

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1301 TP 12-01223 PRESENT: SMITH, J.P., PERADOTTO, CARNI, SCONIERS, AND WHALEN, JJ.

IN THE MATTER OF JOHN RICHARD, PETITIONER, V ORDER HAROLD GRAHAM, SUPERINTENDENT, RESPONDENT.

JOHN RICHARD, PETITIONER PRO SE.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (ZAINAB A. CHAUDHRY 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, Cayuga County [Thomas G.

Leone, A.J.], entered June 29, 2012) to review a determination of respondent. 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).

Entered: December 21, 2012 Frances E. Cafarell Clerk of the Court