Opinion
91341
Decided and Entered: January 2, 2003.
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 Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.
Arthur Holmes, Rome, petitioner pro se.
Eliot Spitzer, Attorney General, Albany (Wayne L. Benjamin of counsel), for respondents.
Before: Cardona, P.J., Mercure, Peters, Mugglin and Kane, JJ.
MEMORANDUM AND JUDGMENT
Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rule which prohibits fighting. The Attorney General has advised this Court by letter that the determination at issue has been administratively reversed and that all references to the disciplinary hearing have been expunged from petitioner's institutional record. Inasmuch as petitioner has received all the relief to which he is entitled and is no longer aggrieved, the matter is dismissed as moot (see Matter of Curtis v. Goord, 274 A.D.2d 808).
Cardona, P.J., Mercure, Peters, Mugglin and Kane, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs.