Opinion
October 26, 2000.
Appeal from a judgment of the Supreme Court (McGill, J.), entered March 16, 2000 in Clinton County, which granted petitioner's application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent denying his request for temporary release.
Alton Bell, Lyon Mountain, appellant in person.
Eliot Spitzer, Attorney-General (Marcus J. Mastracco of counsel), Albany, for respondent.
Before: Crew III, J.P., Carpinello, Graffeo, Rose and Lahtinen, JJ.
MEMORANDUM AND ORDER
Petitioner commenced this CPLR article 78 proceeding challenging the denial of his application for temporary release because it was based, in part, upon improper consideration of a disciplinary determination which had been administratively reversed and expunged from petitioner's institutional record. Inasmuch as Supreme Court remanded the matter for a de novo hearing before the Temporary Release Committee, petitioner received all the relief to which he is entitled and, therefore, is no longer aggrieved. Moreover, the Attorney-General has advised this Court that petitioner has reappeared before the Temporary Release Committee on April 6, 2000, rendering this appeal moot (see, Matter of Dixon v. Struna, 244 A.D.2d 827, lv denied 91 N.Y.2d 810).
ORDERED that the appeal is dismissed, as moot, without costs.