Opinion
No. 503861.
May 29, 2008.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Washington County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.
Ramon Torres, Elmira, petitioner pro se.
Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: Cardona, P.J., Spain, Lahtinen, Malone Jr. and Kavanagh, JJ.
Petitioner commenced this CPLR article 78 proceeding challenging a tier II disciplinary determination finding him guilty of disobeying a direct order. The Attorney General has advised this Court that the determination at issue has been administratively reversed and all references thereto have been expunged from petitioner's institutional record. As such, petitioner has received all the relief to which he is entitled and this matter must be dismissed as moot ( see Matter of Gaston v Selsky, 49 AD3d 1111; Matter of LaTorres v Selsky, 49 AD3d 1110).
Adjudged that the petition is dismissed, as moot, without costs.