Opinion
May 11, 1989
Appeal from the Supreme Court, Ulster County (Torraca, J.).
Following a Superintendent's hearing, petitioner was found guilty of violating certain institutional rules and a penalty was imposed. Petitioner's administrative appeal of this determination was unsuccessful. Petitioner then commenced this CPLR article 78 proceeding alleging certain procedural deficiencies in the Superintendent's hearing. Supreme Court dismissed the petition on its merits and this appeal by petitioner ensued.
Notably, during the pendency of this appeal, the determination which is the subject of this proceeding was administratively reversed and the matter was expunged from petitioner's records. Since petitioner has therefore already received all the relief this court could grant, the proceeding must be dismissed as moot (see, Matter of Adams v LeFevre, 135 A.D.2d 1054; Matter of Gonzalez v Jones, 115 A.D.2d 849).
Appeal dismissed, as moot, without costs. Mahoney, P.J., Kane, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.