Appellate Division of the Supreme Court of New York, 2001

Nelson v. Portuondo

Nelson v. Portuondo
Appellate Division of the Supreme Court of New York · Decided June 21, 2001
284 A.D.2d 785; 726 N.Y.S.2d 594; 2001 N.Y. App. Div. LEXIS 6646
Nelson v. Portuondo

Opinion of the Court

—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 commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating the prison disciplinary rule against possessing contraband. The At*786torney General has advised this Court by letter that the determination at issue has 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).

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

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