| Matter of York v Fischer |
| 2008 NY Slip Op 08054 [55 AD3d 1096] |
| October 23, 2008 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Charazz York, Petitioner, v Brian Fischer, as Commissioner of Correctional Services, Respondent. |
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Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
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 which found petitioner guilty of violating a prison disciplinary rule.
Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of violating facility correspondence regulations. The Attorney General has advised this Court that the determination at hand has been administratively reversed and all references thereto have been expunged from petitioner's institutional record. Therefore, inasmuch as petitioner has received all of the relief to which he is entitled, this matter is dismissed as moot (see Matter of Eleby v Fischer, 52 AD3d 1138, 1139 [2008]).
Cardona, P.J., Spain, Carpinello, Kane and Malone Jr., JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.