
    In the Matter of Gordon Vasquez, Petitioner, v Thomas Poole, as Superintendent of Five Points Correctional Facility, Respondent.
    [768 NYS2d 865]
   — CPLR article 78 petition transferred to this Court by an order of Supreme Court, Seneca County (Bender, J.), entered July 10, 2003, seeking review of a determination 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, Scudder, Gorski and Lawton, JJ.  