*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 599

TP 11-01702

PRESENT: SCUDDER, P.J., SMITH, CENTRA, LINDLEY, AND MARTOCHE, JJ. IN THE MATTER OF TAUREAN HAYWOOD, PETITIONER,

V ORDER ROBERT A. KIRKPATRICK, SUPERINTENDENT, WENDE

CORRECTIONAL FACILITY, RESPONDENT. TAUREAN HAYWOOD, PETITIONER PRO SE.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (MARCUS J. MASTRACCO OF COUNSEL), FOR RESPONDENT. 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 [M. William Boller, A.J.], entered August 17, 2011) 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 is unanimously dismissed without costs as moot ( see Matter of Free v Coombe , 234 AD2d 996).

Entered: June 8, 2012 Frances E. Cafarell

Clerk of the Court