Opinion
2011-11-17
In the Matter of Vernon JACKSON, Petitioner,v.Albert PRACK, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.
Vernon Jackson, Malone, petitioner pro se.Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco 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 Corrections and Community Supervision which found petitioner guilty of violating a prison disciplinary rule.
Petitioner commenced this CPLR article 78 proceeding challenging a prison disciplinary determination. The Attorney General has advised this Court that the determination at issue has been administratively reversed and that all references thereto have been expunged from petitioner's institutional record. In view of this, and since petitioner has received all the relief to which he is entitled, the matter is now moot and the petition must be dismissed ( see Matter of Kalwasinski v. Fischer, 85 A.D.3d 1471, 1472, 925 N.Y.S.2d 905 [2011]; Matter of Miranda v. Bezio, 84 A.D.3d 1661, 924 N.Y.S.2d 855 [2011] ).
*740 ADJUDGED that the petition is dismissed, as moot, without costs.
MERCURE, J.P., SPAIN, LAHTINEN, KAVANAGH and GARRY, JJ., concur.