Opinion
No. 507114.
January 28, 2010.
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 the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.
Peter Lopez, Alden, petitioner pro se.
Andrew M. Cuomo, Attorney General, Albany (Frank Brady of counsel), for respondents.
Before: Peters, J.P., Rose, Lahtinen, Kavanagh and Garry, JJ., concur.
Petitioner commenced this CPLR article 78 proceeding challenging a determination rendered after a tier III disciplinary hearing finding him guilty of violating certain prison disciplinary rules. The Attorney General has advised this Court that the subject determination has been administratively reversed and all references thereto have been expunged from petitioner's institutional record. Accordingly, given that petitioner has been accorded all the relief to which he is entitled, the matter is dismissed as moot ( see Matter of Delgado v New York State Dept. of Corrections, 62 AD3d 1069, 1070; Matter of Williams v Fischer, 60 AD3d 1229).
Adjudged that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $15.