Appellate Division of the Supreme Court of New York, 2001

Tyler v. Senkowski

Tyler v. Senkowski
Appellate Division of the Supreme Court of New York · Decided April 5, 2001
282 A.D.2d 798; 722 N.Y.S.2d 428; 2001 N.Y. App. Div. LEXIS 3437
Tyler v. Senkowski

Opinion of the Court

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in St. Lawrence County) to review two determinations of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding to challenge two prison disciplinary determinations finding him guilty of violating various prison disciplinary rules. The Attorney General has advised this Court by letter that the determinations at issue have been administratively reversed and that all references thereto have been expunged from petitioner’s institutional record. 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).

Mercure, J. P., Peters, Carpinello, Mugglin and Lahtinen, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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