
    In the Matter of Thomas Butti, Petitioner, v Glenn S. Goord, as Commissioner of New York State Department of Correctional Services, Respondent.
    [753 NYS2d 908]
   CPLR article 78 proceeding transferred to this Court by an order of Supreme Court, Wyoming County (Dadd, J.), entered July 26, 2002, seeking review of a determination after a Tier II hearing.

It is hereby ordered that said proceeding be and the same hereby is unanimously dismissed without costs as moot (see Matter of Free v Coombe, 234 AD2d 996). Present — Green, J.P., Wisner, Scudder, Burns and Hayes, JJ.  