Saunders v. Allard — 276 A.D.2d 1006

Majority

p. 1006

In the Matter of Eric Saunders, Petitioner, v Michael Allard, as Deputy Superintendent of Clinton Correctional Facility, et al., Respondents.

[715 NYS2d 914]

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 the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

The Attorney General has advised this Court that the determination at issue has been administratively reversed and that all references to the disciplinary hearing have been expunged from petitioner’s institutional record. Inasmuch as petitioner has received all of 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 ).

Mercure, J. P., Crew III, Carpinello, Graffeo and Rose, 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. 1006