Opinion
No. 507493.
June 24, 2010.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.
Krin Flaherty, Prisoners' Legal Services, Ithaca, for petitioner.
Andrew M. Cuomo, Attorney General, Albany (Frank K. Walsh of counsel), for respondent.
Before: Mercure, J.P., Spain, Lahtinen, McCarthy and Egan Jr., JJ.
Petitioner, a prison inmate, was found guilty of assaulting an inmate and committing a sex offense following a tier III disciplinary hearing. The Attorney General has informed this Court that the determination has been reversed administratively 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 the matter must be dismissed as moot ( see Matter of Mercer v Artus, 70 AD3d 1073; Matter of Burse v Bezio, 69 AD3d 1068).
Adjudged that the petition is dismissed, as moot, without costs.