Opinion
2011-09-15
In the Matter of Gerard IPPOLITO, Petitioner,v.Brian FISCHER, as Commissioner of Correctional Services, Respondent.
Gerard Ippolito, Dannemora, petitioner pro se.Eric T. Schneiderman, Attorney General, Albany (Frank Brady of counsel), for respondent.
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 respondent which found petitioner guilty of violating certain prison disciplinary rules.
*505 Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating several prison disciplinary rules. The Attorney General has advised this Court that the determination has been administratively reversed and that all references thereto have been expunged from petitioner's institutional record. In view of this, and given that petitioner has been afforded all the relief to which he is entitled, the petition must be dismissed as moot ( see Matter of Brooks v. Hessel, 83 A.D.3d 1355, 920 N.Y.S.2d 917 [2011]; Matter of Harrison v. Bezio, 77 A.D.3d 1000, 908 N.Y.S.2d 375 [2010] ).
ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $29.70.
MERCURE, J.P., SPAIN, LAHTINEN, KAVANAGH and McCARTHY, JJ., concur.