| Matter of Medina v Napoli |
| 2008 NY Slip Op 02741 [49 AD3d 1145] |
| March 27, 2008 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Anthony Medina, Petitioner, v David Napoli, as Superintendent of Southport Correctional Facility, Respondent. |
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Andrew M. Cuomo, Attorney General, Albany (Frank Brady of counsel), for respondent. Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating certain prison disciplinary rules. The Attorney General has advised this Court that the determination at issue has been administratively reversed and all references thereto have been expunged from petitioner's institutional record. Accordingly, inasmuch as petitioner has received all the relief to which he is entitled and is no longer aggrieved, the appeal is dismissed as moot (see Matter of Lewis v Goord, 45 AD3d 1140, 1140 [2007]; Matter of Parkinson v McGinnis, 45 AD3d 1036, 1036 [2007]).
Mercure, J.P., Peters, Rose, Lahtinen and Malone Jr., JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.