Opinion
2014-04-24
In the Matter of Patrick GRIFFIN, Petitioner, v. Brian FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.
Sophia Heller, Prisoners' Legal Services of New York, Albany, for petitioner. Eric T. Schneiderman, Attorney General, Albany (Owen Demuth of counsel), for respondent.
Sophia Heller, Prisoners' Legal Services of New York, Albany, for petitioner.Eric T. Schneiderman, Attorney General, Albany (Owen Demuth of counsel), for respondent.
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 respondent which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding challenging a tier III prison disciplinary 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. In view of this, and given that petitioner has received all the relief to which he is entitled, the matter is dismissed as moot ( see Matter of Harding v. Fischer, 102 A.D.3d 1022, 1023, 957 N.Y.S.2d 909 [2013] ).
ADJUDGED that the petition is dismissed, as moot, without costs. PETERS, P.J., STEIN, GARRY and ROSE, JJ., concur.