Opinion
No. 500740.
December 28, 2006.
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 Superintendent of Otisville Correctional Facility which found petitioner guilty of violating certain prison disciplinary rules.
Bryce Rudert, Otisville, petitioner pro se.
Eliot Spitzer, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.
Before: Cardona, P.J., Crew III, Carpinello, Rose and Lahtinen, JJ.
Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rules which prohibit refusing a direct order and the misuse of state property. The Attorney General has advised this Court that the determination of guilt has been administratively reversed and that all references thereto have been expunged from petitioner's institutional record. Inasmuch as petitioner has been afforded all the relief to which he is entitled and is no longer aggrieved, the matter is dismissed as moot ( see Matter of McMillian v Selsky, 34 AD3d 873; Matter of Adams v Goord, 32 AD3d 644).
Adjudged that the petition is dismissed, as moot, without costs.