Opinion
May 13, 1999
Appeal from the Supreme Court (Ellison, J.).
Following a tier III disciplinary hearing at which petitioner pleaded guilty to creating a disturbance, petitioner was found guilty of three additional charges of violating various prison disciplinary rules. On administrative appeal, all charges, except that of creating a disturbance, were dismissed and the penalty was modified accordingly. Petitioner commenced this CPLR article 78 proceeding challenging the disciplinary determination. Upon motion by respondents, the petition was dismissed for failure to state a cause of action. Petitioner's contention on appeal, that he was denied the right to call a witness at the hearing, relates to the charges that were administratively reversed. Inasmuch as petitioner has received all the relief to which he is entitled and is no longer aggrieved, we find that Supreme Court properly dismissed the proceeding ( see, Matter of Wong v. Coughlin, 182 A.D.2d 926, 927; Matter of Taylor v. Kennedy, 159 A.D.2d 827).
Mikoll, J. P., Mercure, Yesawich Jr., Peters and Carpinello, JJ., concur.
Ordered that the judgment is affirmed, without costs.