Cliff v. Senkowski — 234 A.D.2d 836

Majority

p. 836

In the Matter of James E. Cliff, Petitioner, v D. A. Senkowski, as Superintendent of Clinton Correctional Facility, et al., Respondents.

[651 NYS2d 942]

—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 ).

Mikoll, J. P., Mercure, White, Yesawich Jr. and Peters, 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. 836