| Matter of Watson v Fischer |
| 2010 NY Slip Op 04082 [73 AD3d 1303] |
| May 13, 2010 |
| Appellate Division, Third Department |
| In the Matter of James Watson, Appellant, v Brian S. Fischer, asCommissioner of Correctional Services, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Frank Brady of counsel), forrespondent.
Appeal from a judgment of the Supreme Court (Sackett, J.), entered May 7, 2009 in AlbanyCounty, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, toreview a determination of respondent finding petitioner guilty of violating certain prisondisciplinary rules.
Petitioner, a prison inmate, commenced this proceeding challenging a determination findingthat he had performed a sex act and failed to comply with visitation procedures. Supreme Courtdismissed the petition and petitioner appealed. The Attorney General advises us that, during thependency of this appeal, the determination at issue was administratively reversed and allreferences thereto expunged from petitioner's institutional record. Petitioner has thus received allthe relief to which he is entitled and the appeal is dismissed as moot (see Matter of Mercer v Artus, 70AD3d 1073, 1073-1074 [2010]; Matter of Hinds v Venettozzi, 64 AD3d 1095, 1095-1096 [2009]).
Peters, J.P., Lahtinen, Stein, McCarthy and Egan Jr., JJ., concur. Ordered that the appeal isdismissed, as moot, without costs.