Matter of Santiago v Goord

Matter of Santiago v Goord 2008 NY Slip Op 09878 [57 AD3d 1186] December 18, 2008 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 11, 2009

In the Matter of Steven Santiago, Petitioner, v Glenn Goord, as Commissioner of Correctional Services, et al., Respondents.

—[*1] Steven Santiago, Malone, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff of counsel), for respondents.

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 Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner was found guilty of violating certain prison disciplinary rules following a tier III disciplinary hearing. After the determination was affirmed on administrative appeal, he commenced this CPLR article 78 proceeding. The Attorney General has advised that the determination at issue has been administratively reversed and all references thereto expunged from petitioner's institutional record. Inasmuch as petitioner has received all the relief to which he is entitled, the matter is dismissed as moot (see Matter of Lamb v Fischer, 49 AD3d 1119, 1120 [2008]).

Mercure, J.P., Peters, Spain, Kane and Malone Jr., JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.