| Matter of Ippolito v Fischer |
| 2011 NY Slip Op 06434 [87 AD3d 1186] |
| September 15, 2011 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Gerard Ippolito, Petitioner, v Brian Fischer, as Commissioner of Correctional Services, Respondent. |
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Eric T. Schneiderman, Attorney General, Albany (Frank Brady 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 commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating several prison disciplinary rules. The Attorney General has advised this Court that the determination has been administratively reversed and that all references thereto have been expunged from petitioner's institutional record. In view of this, and given that petitioner has been afforded all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Brooks v Hessel, 83 AD3d 1355 [2011]; Matter of Harrison v Bezio, 77 AD3d 1000 [2010]).
Mercure, J.P., Spain, Lahtinen, Kavanagh and McCarthy, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $29.70.