| Matter of Gaston v Selsky |
| 2008 NY Slip Op 02717 [49 AD3d 1111] |
| March 27, 2008 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Frederick Gaston, Petitioner, v Donald Selsky, as Director of Special Housing and Inmate Disciplinary Programs, Respondent. |
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Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff 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 the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.
Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of illicit drug use. The Attorney General has advised this Court that the determination in question has since been administratively reversed and all references thereto have been expunged from petitioner's institutional record. Consequently, petitioner has been afforded all of the relief to which he is entitled and this matter must be dismissed as moot (see Matter of Rodriguez v Leclaire, 44 AD3d 1205, 1206 [2007]).
Mercure, J.P., Spain, Lahtinen, Kane and Kavanagh, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.