
    In the Matter of Donald Orr, Petitioner, v Glenn S. Goord, as Commissioner of New York State Department of Correctional Services, Respondent.
    [778 NYS2d 380]
   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 January 27, 2004) to review a determination of respondent. The determination found after a Tier III hearing that petitioner had violated an inmate rule.

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., Hurlbutt, Kehoe, Gorski and Lawton, JJ.  