Matter of Burgos v Miller (2003 NY Slip Op 18974)

Matter of Burgos v Miller

2003 NY Slip Op 18974 [1 AD3d 873]

November 26, 2003

Appellate Division, Third Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, January 28, 2004

In the Matter of Raul E. Burgos, Petitioner,
v
David L. Miller, as Superintendent of Eastern Correctional Facility, Respondent.

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of 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 proceeding challenging a determination finding him guilty of violating the prison disciplinary rule that prohibits possession of contraband. 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 is entitled and is no longer aggrieved, the matter is dismissed as moot (see Matter of Saunders v Goord, 289 AD2d 649 [2001]).

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