
    In the Matter of Larry Porter, Petitioner, v Glenn S. Goord, as Commissioner of New York State Department of Correctional Services, Respondent.
    [738 NYS2d 919]
   CPLR article 78 proceeding transferred to this Court by order of Supreme Court, Wyoming County (Dadd, J.), entered October 16, 2001, seeking to annul a determination of respondent after a Tier III hearing.

It is hereby ordered that said petition be and the same hereby is unanimously dismissed without costs (see, CPLR 217 [1]). Present — Wisner, J.P., Scudder, Kehoe, Burns and Gorski, JJ.  