Maldonado v. Miller — 259 A.D.2d 912

Majority

p. 912

In the Matter of Angel Maldonado, Petitioner, v David L. Miller, as Superintendent of Eastern Correctional Facility, Respondent.

[687 NYS2d 305]

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 which found petitioner guilty of violating a prison disciplinary rule.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a prison disciplinary determination finding him guilty of fighting. The determination has since been annulled and all references thereto expunged from petitioner’s institutional records. Inasmuch as petitioner has received all the relief to which he is entitled and is no longer aggrieved, the matter is dismissed as moot (see, Matter of Witherspoon v Goord, 243 AD2d 931 ).

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

Cases cited

Witherspoon v. Goord 243 AD2d 931 N.Y. App. Div. 1997-10-23 p. 912