Matter of Argentieri v Fischer

Matter of Argentieri v Fischer 2009 NY Slip Op 09365 [68 AD3d 1432] December 17, 2009 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

In the Matter of Michael Argentieri, Petitioner, v Brian Fischer, as Commissioner of Correctional Services, Respondent.

—[*1] Michael Argentieri, Rome, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco 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 a prison disciplinary rule.

Petitioner commenced this proceeding challenging a tier III disciplinary determination finding him guilty of providing unauthorized legal assistance to another inmate. The Attorney General has advised this Court that the administrative determination at issue has been reversed and all references thereto have been expunged from petitioner's institutional record. Accordingly, inasmuch as petitioner has been afforded all the relief to which he is entitled, this matter is dismissed as moot (see Matter of Robertson v Bezio, 65 AD3d 771, 771 [2009]).

Cardona, P.J., Mercure, Lahtinen, Kane and Garry, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.