Appellate Division of the Supreme Court of New York, 2006

Gonzalez v. Nelson

Gonzalez v. Nelson
Appellate Division of the Supreme Court of New York · Decided June 29, 2006
30 A.D.3d 944; 816 N.Y.S.2d 913
Gonzalez v. Nelson

Opinion of the Court

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

Petitioner commenced this CPLR article 78 proceeding chai*945lenging a determination finding him guilty of violating the prison disciplinary rule that prohibits possession of contraband. The Attorney General has advised this Court 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, the matter is dismissed as moot (see Matter of Carroll v Goord, 24 AD3d 845 [2005]).

Crew III, J.E, Peters, Spain, Rose and Kane, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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