*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 431

TP 14-00414

PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, VALENTINO, AND WHALEN, JJ. IN THE MATTER OF NATHANIEL JAY, PETITIONER,

V ORDER HAROLD GRAHAM, SUPERINTENDENT, AUBURN

CORRECTIONAL FACILITY, AND MICHAEL J. OUIMETTE,

LIEUTENANT, RESPONDENTS.

NATHANIEL JAY, PETITIONER PRO SE.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (PETER H. SCHIFF OF COUNSEL), FOR RESPONDENTS. 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, Cayuga County [Mark H. Fandrich, A.J.], entered February 28, 2014) to review a determination of respondents. The determination found after a tier II hearing that petitioner had violated various inmate rules.

It is hereby ORDERED that said proceeding is unanimously dismissed without costs as moot ( see Matter of Free v Coombe , 234 AD2d 996)

Entered: May 1, 2015 Frances E. Cafarell

Clerk of the Court