Opinion
July 1, 1993
Appeal from the Supreme Court, Washington County.
In light of respondents' submission of administrative memoranda indicating that the determination at issue has been administratively reversed and expunged from petitioner's records, we conclude that the underlying controversy has ended and, therefore, respondents' motion to dismiss this proceeding as moot should be granted (see, Matter of Wong v. Coughlin, 150 A.D.2d 832). With respect to petitioner's belated application for incidental monetary damages premised upon the alleged confiscation of various items by facility authorities, were we to construe this request as an application for leave to amend his pleadings, we would deny the application as clearly meritless given that the claim for monetary damages is not incidental to the primary relief sought by petitioner (see, Matter of Gross v Perales, 72 N.Y.2d 231, 235; Matter of Reape v. Adduci, 151 A.D.2d 290, 293).
Mikoll, J.P., Yesawich Jr., Levine, Crew III and Casey, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.