Opinion
April 11, 1996
Appeal from the Supreme Court, Albany County.
After a tier III Superintendent's hearing, petitioner was found guilty of violating prison disciplinary rules prohibiting inmates from refusing a direct order and using unauthorized medication. He challenges this determination arguing, inter alia, that it was made in retaliation for complaints he had filed against certain medical personnel and that the Hearing Officer was biased and partial. In view of the fact that since the commencement of this CPLR article 78 proceeding the administrative determination has been reversed and all references to it expunged from petitioner's records, we find that this proceeding is now moot ( see, Matter of Covington v. Coughlin, 222 A.D.2d 911; Matter of Gaines v. Bartlett, 221 A.D.2d 775). Accordingly, the petition must be dismissed.
Mercure, J.P., Crew III, White, Peters and Spain, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.