
    In the Matter of Donald Du Bois, Petitioner, v Anthony Zon, as Superintendent of Wende Correctional Facility, Respondent.
    [788 NYS2d 899]
   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 [Christopher J. Burns, J], entered May 6, 2004) to review a determination of respondent. The determination found after a Tier II hearing that petitioner had violated various inmate rules.

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, Scudder, Martoche, Smith and Lawton, JJ.  