Finney v. Leonardo — 193 A.D.2d 987

Majority

p. 987

In the Matter of Larry Finney, Petitioner, v Authur A. Leonardo, as Superintendent of Great Meadow Correctional Facility, et al., Respondents.

[598 NYS2d 1011]

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Washington County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

The Attorney-General has advised this Court that the determination under review has been administratively reversed and will be expunged from petitioner’s records; he therefore requests that this proceeding be dismissed as moot. Because petitioner has received all the relief to which he is entitled (see, Matter of Taylor v Kennedy, 159 AD2d 827 ; Matter of

p. 988

Sabo v Racette, 124 AD2d 920 ; Matter of Johnson v Smith, 112 AD2d 50 , affd 66 NY2d 697 ), we find the matter to be moot (see, Matter of Martin v Henderson, 159 AD2d 867 ; Matter of Wong v Coughlin, 150 AD2d 832 ).

Weiss, P. J., Levine, Crew III, Casey and Harvey, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

Cases cited

Taylor v. Kennedy 159 AD2d 827 N.Y. App. Div. 1990-03-22 p. 987
Sabo v. Racette 124 AD2d 920 N.Y. App. Div. 1986-11-20 p. 988
Martin v. Henderson 159 AD2d 867 N.Y. App. Div. 1990-03-29 p. 988
Wong v. Coughlin 150 AD2d 832 N.Y. App. Div. 1989-05-04 p. 988