
    In the Matter of Mitchell Kalwasinski, Petitioner, v Brian Fischer, Commissioner, New York State Department of Correctional Services, Respondent. (Proceeding No. 1.)
    [866 NYS2d 913]
   — 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, Wyoming County [Mark H. Dadd, A.J.], entered April 15, 2008) to review a determination of respondent. The determination found after a tier III 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 — Scudder, EJ., Hurlbutt, Lunn, Green and Gorski, JJ.  