Opinion
525532
05-17-2018
In the Matter of Benedict TORRES, Petitioner, v. Anthony L. POLIZZI, as Hearing Officer, et al., Respondents.
Benedict Torres, Medina, petitioner pro se. Barbara D. Underwood, Acting Attorney General, Albany (Marcus J. Mastracco of counsel), for respondents.
Benedict Torres, Medina, petitioner pro se.
Barbara D. Underwood, Acting Attorney General, Albany (Marcus J. Mastracco of counsel), for respondents.
Before: McCarthy, J.P., Egan Jr., Devine, Clark and Rumsey, JJ.
MEMORANDUM AND JUDGMENTProceeding 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 Commissioner of Corrections and Community Supervision finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding to challenge a tier III disciplinary determination finding him guilty of violating certain prison disciplinary rules. The Attorney General has advised this Court that the determination has been administratively reversed and all references thereto have been expunged from petitioner's institutional record. Inasmuch as petitioner has been granted all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Weston v. Annucci, 156 A.D.3d 1012, 1013, 64 N.Y.S.3d 610 [2017] ; Matter of Buggsward v. Rodriguez, 155 A.D.3d 1194, 1194–1195, 63 N.Y.S.3d 260 [2017] ).
ADJUDGED that the petition is dismissed, as moot, without costs.
McCarthy, J.P., Egan Jr., Devine, Clark and Rumsey, JJ., concur.