| Matter of Thorpe v Goord |
| 2007 NY Slip Op 07042 [43 AD3d 1258] |
| September 27, 2007 |
| Appellate Division, Third Department |
| In the Matter of Omar Thorpe, Petitioner, v Glenn S. Goord, asCommissioner of Correctional Services, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff of counsel), forrespondent.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the SupremeCourt, entered in Albany County) to review a determination of respondent which found petitionerguilty of violating a prison disciplinary rule.
Following a tier III disciplinary hearing, petitioner was found guilty of unauthorizedorganizational activity. On administrative appeal, that determination was affirmed with amodified penalty. Petitioner then commenced this CPLR article 78 proceeding challenging thedetermination of guilt. The Attorney General has advised that, during the pendency of thisproceeding, the determination has been administratively reversed, all references thereto havebeen expunged from petitioner's institutional record and the surcharge imposed has beenrefunded to petitioner. Given that petitioner has been afforded all of the relief to which he isentitled, the matter is now dismissed as moot (see Matter of Lewis v Goord, 37 AD3d 917, 917 [2007]).
Cardona, P.J., Mercure, Crew III, Peters and Spain, JJ., concur. Adjudged that the petition isdismissed, as moot, without costs.