
    In the Matter of Miguel Torres, Petitioner, v Gary Greene, as Superintendent of Marcy Correctional Facility, Respondent.
    [767 NYS2d 719]
   CPLR article 78 proceeding transferred to this Court by an order of Supreme Court, Oneida County (Julian, J.), entered May 2, 2003, to review a determination of respondent 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 [1996]). Present — Pine, J.P, Wisner, Hurlbutt, Gorski and Lawton, JJ.  