| Matter of Lewis v Goord |
| 2007 NY Slip Op 09161 [45 AD3d 1140] |
| November 21, 2007 |
| Appellate Division, Third Department |
| In the Matter of Marc Lewis, Petitioner, v Glenn S. Goord, asCommissioner of Correctional Services, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Frank Brady 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 certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding challenging a determination findinghim guilty of violating prison disciplinary rules that prohibit inmates from making threats andengaging in demonstrations. The Attorney General has advised that, during the pendency of thisproceeding, the determination at issue was administratively reversed and all references theretohave been expunged from petitioner's institutional record. In view of this and given thatpetitioner has received all the relief to which he is entitled, the matter is dismissed as moot (see Matter of Kalwasinski v Goord, 29AD3d 1104, 1105 [2006]).
Mercure, J.P., Crew III, Peters, Rose and Kane, JJ., concur. Adjudged that the petition isdismissed, as moot, without costs.