Matter of Andre Giersz v Glenn S. Goord

Matter of Giersz v Goord 2004 NY Slip Op 07736 [11 AD3d 831] October 28, 2004 Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. Appellate Division, Third Department As corrected through Wednesday, December 15, 2004

In the Matter of Andre Giersz, Appellant, v Glenn S. Goord, as Commissioner of Correctional Services, Respondent.

—[*1]Appeal from a judgment of the Supreme Court (Lamont, J.), entered December 2, 2002 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent withholding good time allowance.

Petitioner challenges a determination withholding good time allowance based upon his refusal to participate in two treatment programs. Inasmuch as petitioner was conditionally released from prison on September 14, 2004, this proceeding is now moot (see Matter of Eades v Duncan, 307 AD2d 503 [2003]).

Cardona, P.J., Mercure, Crew III, Peters and Carpinello, JJ., concur. [*2]Ordered that the appeal is dismissed, as moot, without costs.