Opinion
No. 507046.
December 3, 2009.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.
Anthony Gilkes, Auburn, petitioner pro se.
Andrew M. Cuomo, Attorney General, Albany (Frank Brady of counsel), for respondents.
Before: Peters, J.P., Spain, Kane, Malone Jr. and McCarthy, JJ., concur.
Following a tier III disciplinary hearing, petitioner was found guilty of possessing gang materials and, after an unsuccessful administrative appeal, he commenced this CPLR article 78 proceeding to challenge the determination. The Attorney General has advised this Court that the determination has been administratively reversed and all references thereto have been expunged from petitioner's institutional record. As a result, petitioner has been afforded all the relief to which he is entitled and the petition must be dismissed as moot ( see Matter of Lafferty v Fischer, 61 AD3d 1235, 1235-1236; Matter of Hardy v Bezio, 60 AD3d 1229).
Adjudged that the petition is dismissed, as moot, without costs.