*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 559

TP 16-01691

PRESENT: WHALEN, P.J., CARNI, NEMOYER, CURRAN, AND TROUTMAN, JJ. IN THE MATTER OF TERENCE DAUM, PETITIONER,

V ORDER ANTHONY J. ANNUCCI, ACTING COMMISSIONER,

NEW YORK STATE DEPARTMENT OF CORRECTIONS

AND COMMUNITY SUPERVISION, STEWART ECKERT,

SUPERINTENDENT, WENDE CORRECTIONAL FACILITY,

AND A. RODRIGUEZ, ACTING DIRECTOR, SPECIAL

HOUSING UNIT, RESPONDENTS.

TERENCE DAUM, PETITIONER PRO SE.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (MARCUS J. MASTRACCO 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, Erie County [M. William Boller, A.J.], entered September 22, 2016) to review a determination of respondents. The determination found after a tier III hearing that petitioner had violated an inmate rule.

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

Entered: April 28, 2017 Frances E. Cafarell

Clerk of the Court