Matter of Medina v Napoli

2008 NY Slip Op 02741 [49 AD3d 1145]

March 27, 2008

Appellate Division, Third Department

As corrected through Wednesday, May 14, 2008

In the Matter of Anthony Medina, Petitioner, v David Napoli, asSuperintendent of Southport Correctional Facility, Respondent.

—[*1]Anthony Medina, Pine City, petitioner pro se.

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 Supreme Court,entered in Chemung 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 certain prison disciplinary rules. The Attorney General has advised thisCourt that the determination at issue has been administratively reversed and all references theretohave been expunged from petitioner's institutional record. Accordingly, inasmuch as petitionerhas received all the relief to which he is entitled and is no longer aggrieved, the appeal isdismissed as moot (see Matter of Lewisv Goord, 45 AD3d 1140, 1140 [2007]; Matter of Parkinson v McGinnis, 45 AD3d 1036, 1036 [2007]).

Mercure, J.P., Peters, Rose, Lahtinen and Malone Jr., JJ., concur. Adjudged that the petitionis dismissed, as moot, without costs.