Appellate Division of the Supreme Court of New York, Third DepartmentNov 29, 2001
733 N.Y.S.2d 644 (N.Y. App. Div. 2001)
733 N.Y.S.2d 644288 A.D.2d 793

November 29, 2001.

Appeal from a judgment of the Supreme Court (Sise, J.), entered February 9, 2001 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

Michael Brooks, Comstock, appellant pro se.

Eliot Spitzer, Attorney-General (Wayne L. Benjamin of counsel), Albany, for respondent.

Before: Mercure, J.P., Spain, Mugglin, Rose and Lahtinen, JJ.


Petitioner commenced this proceeding challenging a determination finding him guilty of violating various prison disciplinary rules. The Attorney-General has advised this Court by letter that the determination at issue has been administratively reversed and that all references thereto have been expunged from petitioner's institutional record. Inasmuch as petitioner has received all the relief to which he is entitled, the appeal is dismissed as moot (see, Matter of Lopez v. Goord, 286 A.D.2d 791, 729 N.Y.S.2d 919).

Mercure, J.P., Spain, Mugglin, Rose and Lahtinen, JJ., concur.

ORDERED that the appeal is dismissed, as moot, without costs.