NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-4124-05T34124-05T3

TAYSIR SHEIKA,

Appellant,

v.

NEW JERSEY DEPARTMENT OF

CORRECTIONS,

Respondent.

_________________________________________________

Submitted March 13, 2007 - Decided

Remanded February 20, 2008 - Decided

Before Judges Kestin, Payne and Graves.

On appeal from the Final Determination of

the New Jersey Department of Corrections.

Taysir Sheika, appellant, filed a pro se

brief.

Stuart Rabner, Attorney General, attorney

for respondent (Michael J. Haas, Assistant

Attorney General, of counsel, Christopher

C. Josephson, Deputy Attorney General,

on the brief).

PER CURIAM

In our prior decision in this prison disciplinary matter, State v. Sheika 395 N.J. Super. 266 (App. Div. 2007), we remanded the case to the Department of Corrections for a hearing, in accordance with the procedural protections of Avant v. Clifford, 67 N.J. 496 (1975), with respect to charges leading to Sheika's nonconsensual out-of-State transfer to Connecticut to serve the remaining nineteen years of a thirty-year sentence for murder. Jurisdiction was retained.

We have been informed by counsel for Sheika that the order of transfer to Connecticut has been rescinded, and that Sheika has been removed from the prison's Management Control Unit and returned to the general population of New Jersey State Prison.

In accordance with the request of counsel for the State and

Sheika, we therefore dismiss the pending appeal as moot.

Since our initial decision in this matter, Judge Kestin has retired.

(continued)

(continued)

2

A-4124-05T3

July 30, 2007

February 25, 2008