Stern v. Goord — 250 A.D.2d 914

Majority

p. 914

In the Matter of Allan Stern, Petitioner, v Glenn S. Goord, as Commissioner of the New York State Department of Correctional Services, et al., Respondents.

[672 NYS2d 265]

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Ulster 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 all references thereto have been expunged from petitioner’s records. As petitioner has received all the relief to which he is entitled, the matter is dismissed as moot (see, Matter of Martin v Henderson, 159 AD2d 867 ). Furthermore, notwithstanding petitioner’s request, we decline to award costs against respondents.

Cardona, P. J., Mercure, Crew III, Carpinello and Graffeo, 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. 914