| Matter of Parkinson v McGinnis |
| 2007 NY Slip Op 08347 [45 AD3d 1036] |
| November 8, 2007 |
| Appellate Division, Third Department |
| In the Matter of David Parkinson, Petitioner, v M.P.McGinnis, as Superintendent of Southport Correctional Facility, et al.,Respondents. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), forrespondents.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the SupremeCourt, entered in Chemung County) to review a determination of respondent Superintendent ofSouthport Correctional Facility which found petitioner guilty of violating a prison disciplinaryrule.
Petitioner commenced this CPLR article 78 proceeding challenging a determination findinghim guilty of violating the prison disciplinary rule prohibiting unauthorized exchange. TheAttorney General has advised this Court that the determination in question has beenadministratively reversed and all references thereto have been expunged from petitioner'sinstitutional record. Accordingly, because petitioner has been afforded all the relief to which he isentitled, the petition is dismissed as moot (see Matter of Roman v Goord, 41 AD3d 1102, 1102 [2007]).
Cardona, P.J., Crew III, Peters, Rose and Kane, JJ., concur. Adjudged that the petition isdismissed, as moot, without costs.