Ross v. Bilow — 234 A.D.2d 827

Majority

p. 827

In the Matter of Joseph A. Ross, Petitioner, v John Bilow et al., Respondents.

[651 NYS2d 943]

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Clinton County) to review a determination of respondents which found petitioner guilty of violating certain prison disciplinary rules.

The Attorney-General has advised this Court by letter that respondents are not submitting a brief and requests that this proceeding be dismissed as moot inasmuch as the determination under review has been administratively reversed and ex-pungement has been directed. Because petitioner has received all the relief to which he is entitled, the matter is moot and the petition is dismissed (see, Matter of Martin v Henderson, 159 AD2d 867 ).

Cardona, P. J., Crew III, Yesawich Jr., Peters and Carpinello, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

Cases cited

Martin v. Henderson 159 AD2d 867 N.Y. App. Div. 1990-03-29 p. 827