Tumminia v. Lemke

Appellate Division of the Supreme Court of New York

Tumminia v. Lemke

79 A.D.3d 1759, 913 N.Y.S.2d 631

Appellate Division of the Supreme Court of the State of New York·Decided December 30, 2010·Published

Opinion

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., Bindley, Sconiers, Green and Gorski, JJ.

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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., Bindley, Sconiers, Green and Gorski, JJ.

Tumminia v. Lemke, 79 A.D.3d 1759, 913 N.Y.S.2d 631 (N.Y. Ct. App. 2010).

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