| Matter of Medina v New York State Dept. of CorrectionalServs. |
| 2007 NY Slip Op 06778 [43 AD3d 1236] |
| September 20, 2007 |
| Appellate Division, Third Department |
| In the Matter of Charles Medina, Appellant, v New York StateDepartment of Correctional Services, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Julie M. Sheridan of counsel), forrespondent.
Appeal from a judgment of the Supreme Court (McNamara, J.), entered October 16, 2006 inAlbany County, which dismissed petitioner's application, in a proceeding pursuant to CPLRarticle 78, to review a determination of the Central Office Review Committee denying hisgrievance.
Petitioner, an inmate at Otisville Correctional Facility in Orange County, filed a grievancealleging that he was improperly being denied the right to transfer to a facility that would offerhim an opportunity to participate in a sex offender counseling program. After that grievance wasdenied and the denial was upheld on administrative appeal, petitioner commenced this CPLRarticle 78 proceeding. Supreme Court dismissed the petition and this appeal ensued.
The Attorney General has advised this Court that since the time that this appeal was taken,petitioner has been transferred to Gowanda Correctional Facility in Cattaraugus County, wherehe has been approved for participation in a sex offender counseling program. Accordingly,inasmuch as petitioner can no longer claim to be aggrieved by the administrative determinationunderlying this proceeding, his appeal must be dismissed on the basis that it is moot (see Matter of Lou v Brown, 38 AD3d1138, 1138-1139 [2007]; Matter ofParrilla v Donelli, 25 AD3d 1046, 1047 [2006]).
Crew III, J.P., Peters, Carpinello, Mugglin and Rose, JJ., concur. Ordered that the appeal isdismissed, as moot, without costs.