
    In the Matter of James M. West, Petitioner, v Michael Sheahan, Superintendent, Five Points Correctional Facility, Respondent.
    [967 NYS2d 849]
   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 December 28, 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 [1996]). Present — Centra, J.P., Sconiers, Valentino, Whalen and Martoche, JJ.  