Opinion
93179
Decided and Entered: July 10, 2003.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Washington County) to review a determination of the Commissioner of Correctional Services which withheld six months of petitioner's good time allowance.
Walter Eades, Rochester, petitioner pro se.
Eliot Spitzer, Attorney General, Albany (Dorothy Hill of counsel), for respondent.
Before: Mercure, J.P., Spain, Carpinello, Lahtinen and Kane, JJ.
MEMORANDUM AND JUDGMENT
Petitioner challenges a decision of the Time Allowance Committee withholding six months of good time credit based upon his failure to participate in certain rehabilitative programs. The record establishes that petitioner was released from prison on May 19, 2003, rendering this proceeding moot (see Matter of Ferro v. Luvera, 288 A.D.2d 735).
Mercure, J.P., Spain, Carpinello, Lahtinen and Kane, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs.