
    In the Matter of Luis Rivera, Petitioner, v Brian Fischer, Commissioner, New York State Department of Correctional Services, et al., Respondents.
    [885 NYS2d 688]
   Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division in the Fourth Judicial Department by order of the Supreme Court, Seneca County [Dennis F. Bender, A.J.], entered February 27, 2009) to review a determination of respondents. 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 AD 2d 996 [1996]). Present—Scudder, P.J., Hurlbutt, Peradotto, Green and Gorski, JJ.  