
    In the Matter of Dontie S. Mitchell, Petitioner, v Glenn S. Goord, as Commissioner of New York State Department of Correctional Services, Respondent.
    [761 NYS2d 567]
   —CPLR article 78 proceeding transferred to this Court by an order of Supreme Court, Wyoming County (Dadd, J.), entered January 13, 2003, seeking review of a determination after a Tier III 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— Green, J.P., Wisner, Scudder, Kehoe and Burns, JJ.  