*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 745

TP 11-00114

PRESENT: SCUDDER, P.J., PERADOTTO, LINDLEY, GREEN, AND GORSKI, JJ. IN THE MATTER OF EDWARD KOEHL, PETITIONER,

V ORDER JOHN LEMPKE, SUPERINTENDENT, FIVE POINTS

CORRECTIONAL FACILITY, RESPONDENT. EDWARD KOEHL, 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, Seneca County [Dennis F. Bender, A.J.], entered January 13, 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 10, 2011 Patricia L. Morgan

Clerk of the Court