Opinion
96525.
April 21, 2005.
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.
Michael Butler, Elmira, petitioner pro se.
Eliot Spitzer, Attorney General, Albany (Nancy A. Spiegel of counsel), for respondents.
Before: Cardona, P.J., Crew III, Mugglin, Rose and Lahtinen, JJ., concur.
Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rules that prohibit solicitation, drug possession and smuggling. The Attorney General has advised this Court by letter that the determination at issue has been administratively reversed and that all references thereto 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 Cruz v. Goord, 13 AD3d 948).
Adjudged that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $305.