| Matter of Johnson v New York State Dept. of Correctional Servs. |
| 2010 NY Slip Op 00750 [70 AD3d 1081] |
| February 4, 2010 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Ted Johnson, Also Known as Rodney Johnson, Appellant, v New York State Department of Correctional Services, Respondent. |
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Andrew M. Cuomo, Attorney General, Albany (Owen Demuth of counsel), for respondent.
Appeal from a judgment of the Supreme Court (Cahill, J.), entered February 17, 2009 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent withholding good time allowance.
Petitioner challenges a determination withholding one year and 20 days of good time allowance based upon his failure to complete a mandated sex offender program. Inasmuch as the record establishes that petitioner was released from prison on November 20, 2009, following the expiration of his maximum term of imprisonment, this appeal is dismissed as moot (see Matter of Whaley v Goord, 47 AD3d 1132, 1133 [2008]; Matter of Roach v Goord, 19 AD3d 839 [2005]).
Spain, J.P., Rose, Malone Jr., Kavanagh and Garry, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.