| Matter of Toney v Goord |
| 2008 NY Slip Op 00138 [47 AD3d 1034] |
| January 10, 2008 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Devon Toney, Petitioner, v Glenn S. Goord, as Commissioner of Correctional Services, Respondent. |
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Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), for
respondent.
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 respondent which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of violent conduct, creating a disturbance, harassment, refusing a direct order and making threats. The Attorney General has informed this Court that the determination at issue has been administratively reversed and all references thereto have been expunged from petitioner's institutional record. Accordingly, because petitioner has been afforded all of the relief to which he is entitled, the petition is dismissed as moot (see Matter of Roman v Goord, 41 AD3d 1102, 1102 [2007]).
Cardona, P.J., Mercure, Spain, Carpinello and Lahtinen, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.