
    In the Matter of Ato Clyburn, Petitioner, v Gregory J. Kadien, Superintendent, Gowanda Correctional Facility, et al., Respondents.
    [898 NYS2d 910]
   — 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, Erie County [John L. MichalsM, A.J.], entered December 2, 2009) to review a determination of respondents. The determination found after a tier III hearing that petitioner had violated an inmate rule.

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 — Martoche, J.P., Centra, Fahey, Peradotto and Pine, JJ.  