Opinion
No. 502975.
March 27, 2008.
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 Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.
Frederick Gaston, Romulus, petitioner pro se.
Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.
Before: Mercure, J.P., Spain, Lahtinen, Kane and Kavanagh, JJ.
Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of illicit drug use. The Attorney General has advised this Court that the determination in question has since been administratively reversed and all references thereto have been expunged from petitioner's institutional record. Consequently, petitioner has been afforded all of the relief to which he is entitled and this matter must be dismissed as moot ( see Matter of Rodriguez v Leclaire, 44 AD3d 1205, 1206).
Adjudged that the petition is dismissed, as moot, without costs.