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MATTER OF CUMMINGS v. LeFEVRE

Appellate Division of the Supreme Court of New York, Third Department.
Jun 12, 1980

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Clinton County) to review a determination made at a superintendent's proceeding held on March 26, 1979, at the Clinton Correctional Facility. On the court's own motion, petition dismissed, without costs, upon the ground that, since appellant has been released on parole, the issues presented by this appeal are moot (Matter of Zobrist v. Smith, 42 N.Y.2d 1012; Matter of Hamm v. Regan, 34 N.Y.2d 992). Kane, J.P., Staley, Jr., Mikoll, Casey and Herlihy, JJ., concur.