| Matter of Darvie v Goord |
| 2007 NY Slip Op 01036 [37 AD3d 927] |
| February 8, 2007 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Joseph Darvie, Petitioner, v Glenn S. Goord, as Commissioner of Correctional Services, Respondent. |
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Andrew M. Cuomo, Attorney General, Albany (Wayne L. Benjamin of counsel), for respondent.
Petitioner was charged in a misbehavior report with refusing a direct order and violating facility movement regulations after he failed to comply with a correction officer's directive with respect to showering. He was found guilty of the charges at the conclusion of a tier II disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.
The Attorney General has advised this Court that the determination at issue has been administratively reversed and all references thereto expunged from petitioner's institutional record. Inasmuch as petitioner has received all the relief to which he is entitled, the matter must be dismissed as moot (see Matter of Carroll v Goord, 24 AD3d 845 [2005]).
Crew III, J.P., Carpinello, Mugglin, Lahtinen and Kane, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.