Opinion
October 18, 2001.
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 Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.
James Wright, Dannemora, petitioner pro se.
Eliot Spitzer, Attorney-General (Wayne L. Benjamin of counsel), Albany, for respondents.
Before: Crew III, J.P., Peters, Spain, Mugglin and Rose, JJ.
MEMORANDUM AND JUDGMENT
Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rule that prohibits interference with an employee. The determination has since been annulled and all references thereto have been expunged from petitioner's institutional records. Inasmuch as petitioner has received all the relief to which he is entitled and is no longer aggrieved, the matter is dismissed as moot (see, Matter of Witherspoon v. Goord, 243 A.D.2d 931).
Crew III, J.P., Peters, Spain, Mugglin and Rose, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs.