| Matter of Hinds v Venettozzi |
| 2009 NY Slip Op 06054 [64 AD3d 1095] |
| July 30, 2009 |
| Appellate Division, Third Department |
| In the Matter of Curtis Hinds, Appellant, v D. Venettozzi, asDirector of Special Housing and Inmate Disciplinary Programs,Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Martin A. Hotvet of counsel), forrespondent.
Appeal from a judgment of the Supreme Court (McNamara, J.), entered June 27, 2008 inAlbany County, which dismissed petitioner's application, in a proceeding pursuant to CPLRarticle 78, to review a determination of the Commissioner of Correctional Services findingpetitioner guilty of violating a prison disciplinary rule.
Petitioner, a prison inmate, commenced this proceeding challenging a tier III disciplinarydetermination finding him guilty of a false alarm. The Attorney General advises this Court thatthe administrative determination at issue has been reversed and all references thereto have beenexpunged from petitioner's institutional record. Accordingly, petitioner has received all the reliefto which he is entitled and this matter is therefore dismissed as moot (see Matter of Hart vFischer, 60 AD3d 1226 [2009]; Matter of York v Fischer, 55 AD3d 1096 [2008]).
Peters, J.P., Spain, Lahtinen, Kavanagh and Garry, JJ., concur. Ordered that the appeal isdismissed, as moot, without costs.