Matter of Vernon v Selsky

Matter of Vernon v Selsky 2007 NY Slip Op 08155 [45 AD3d 943] November 1, 2007 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 16, 2008

In the Matter of Jose Vernon, Petitioner, v Donald Selsky, as Director of Special Housing and Inmate Disciplinary Programs, et al., Respondents.

—[*1] Jose Vernon, Pine City, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Andrea Oser of counsel), for respondents.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating the prison disciplinary rule prohibiting drug use. The Attorney General has advised this Court that the determination at issue has been administratively reversed and all references thereto have been expunged from petitioner's institutional record. Accordingly, inasmuch as petitioner has received all the relief to which he is entitled and is no longer aggrieved, the petition is dismissed as moot (see Matter of Lewis v Goord, 37 AD3d 917 [2007]).

Mercure, J.P., Crew III, Spain, Rose and Lahtinen, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.