MCALLISTER, CHARLES v. LECONEY, PATRICIA ( 2011 )

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 261 TP 10-01476 PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, JJ. IN THE MATTER OF CHARLES MCALLISTER, PETITIONER, V ORDER PATRICIA LECONEY, SUPERINTENDENT, CAPE VINCENT CORRECTIONAL FACILITY, RESPONDENT. CHARLES MCALLISTER, PETITIONER PRO SE. ANDREW M. CUOMO, 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, Jefferson County [Hugh A. Gilbert, J.], entered June 21, 2010) 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: March 25, 2011 Patricia L. Morgan Clerk of the Court