| Matter of Moore v Travis |
| 2008 NY Slip Op 04254 [51 AD3d 1180] |
| May 8, 2008 |
| Appellate Division, Third Department |
| In the Matter of Stanley Moore, Appellant, v Brion Travis, as Chairof the New York State Division of Parole, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Zainab A. Chaudhry of counsel), forrespondent.
Appeal from an order of the Supreme Court (Egan, Jr., J.), entered August 16, 2007 inAlbany County, which denied petitioner's motion to vacate a prior judgment.
The facts underlying the instant appeal are fully set forth in our prior decision (304 AD2d1001 [2003], affd 2 NY3d 748 [2004]). Currently, petitioner appeals from an order of theSupreme Court (Egan, Jr., J.) that denied his motion to vacate a judgment of said court (Kane,J.), entered April 16, 2002, which dismissed the proceeding pursuant to CPLR article 78challenging, as is relevant here, respondent's denial of his request for expungement of erroneousinformation from his parole files. However, the Attorney General has advised that, subsequent tothe entry of the order at issue, the Division of Parole commenced a complete review ofpetitioner's files for the purpose of correcting any erroneous information they may containconcerning his role in the May 25, 1982 burglary. Inasmuch as petitioner has received all therelief to which he is entitled, this appeal must be dismissed as moot (see Matter of Mathie v Selsky, 45AD3d 1169, 1170 [2007]; Matter ofEves v New York State Div. of Parole, 39 AD3d 1002, 1003 [2007]).
Mercure, J.P., Carpinello, Rose, Malone Jr. and Kavanagh, JJ., concur. Ordered that theappeal is dismissed, as moot, without costs.