Appellate Division of the Supreme Court of New York, 2003

Santos v. McGuane

Santos v. McGuane
Appellate Division of the Supreme Court of New York · Decided September 11, 2003
308 A.D.2d 620; 764 N.Y.S.2d 223; 2003 N.Y. App. Div. LEXIS 9312
Santos v. McGuane

Opinion of the Court

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Essex County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this proceeding challenging a determination finding him guilty of. violating the prison disciplinary rule against making threats. The Attorney 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 *621is entitled and is no longer aggrieved, the matter is dismissed as moot (see Matter of Johnson v Goord, 291 AD2d 772, 773 [2002]).

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

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