
    In the Matter of Bryon K. Russ, Sr., Petitioner, v Brian Fischer, Commissioner, New York State Department of Corrections and Community Supervision, Respondent.
    [982 NYS2d 418]
   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, Cayuga County [Mark H. Fandrich, A.J.], entered Aug. 9, 2013) to review a determination of respondent. The determination found after a tier II 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 — Scudder, EJ., Centra, Peradotto, Lindley and Whalen, JJ.  