Opinion
No. 507001.
January 14, 2010.
Appeal from a judgment of the Supreme Court (Cerio, Jr., J.), entered April 13, 2009 in Chemung County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating a prison disciplinary rule.
Anthony Washington, Coxsackie, appellant pro se.
Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: Cardona, P.J., Mercure, Rose, Kavanagh and Stein, JJ., concur.
Petitioner, an inmate, commenced this CPLR article 78 proceeding seeking to annul a tier II disciplinary determination which found him guilty of refusing a direct order. Supreme Court dismissed the petition and this appeal ensued. 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. Accordingly, inasmuch as petitioner has received all the relief to which he was entitled, the appeal is dismissed as moot ( see Matter of Kha'Sun Creator Allah v Woods, 52 AD3d 1063, 1063-1064).
Ordered that the appeal is dismissed, as moot, without costs.