Opinion
2011-09-29
In the Matter of Michael JONES, Petitioner,v.Albert PRACK, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.
Michael Jones, Coxsackie, petitioner pro se.*890 Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff 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 the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rule.
Petitioner, a prison inmate, commenced this CPLR article 78 proceeding to challenge a disciplinary determination finding him guilty of rioting, making threats, making false statements and impersonation. The Attorney General has advised this Court that, since the commencement of this proceeding, the determination has been administratively reversed and all references thereto have been expunged from petitioner's institutional record. Accordingly, this matter has been rendered moot as petitioner has received all the relief to which he is entitled ( see Matter of Walker v. Fischer, 84 A.D.3d 1659, 923 N.Y.S.2d 912 [2011]; Matter of Miranda v. Bezio, 84 A.D.3d 1661, 924 N.Y.S.2d 855 [2011] ).
ADJUDGED that the petition is dismissed, as moot, without costs.
MERCURE, J.P., LAHTINEN, MALONE JR., KAVANAGH and GARRY, JJ., concur.