
    In the Matter of Robert Tumminia, Petitioner, v John B. Lemke, Superintendent, Five Points Correctional Facility, et al., Respondents.
    [913 NYS2d 631]
   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, Seneca County [Dennis F. Bender, A.J.], entered May 21, 2010) to review a determination of respondents. The determination found after a tier II 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 — Centra, J.P., Bindley, Sconiers, Green and Gorski, JJ.  