Matter of Torres v Prack

Matter of Matter of Torres v Prack 2012 NY Slip Op 06341 Decided on September 27, 2012 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: September 27, 2012
513377

[*1]In the Matter of HECTOR TORRES, Petitioner,

v

ALBERT PRACK, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

Calendar Date: September 10, 2012
Before: Peters, P.J., Lahtinen, Kavanagh, Stein and Egan Jr., JJ.


Paul, Weiss, Rifkind, Wharton and Garrison, LLP,
New York City (Aaron H. Crowell of counsel) and John Boston,
Legal Aid Society of New York City, New York City, for
petitioner.
Eric T. Schneiderman, Attorney General, Albany
(Martin A. Hotvet of counsel), for respondent.

MEMORANDUM AND JUDGMENT



Peters, P.J.

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 the Commissioner of Corrections and Community Supervision which found petitioner guilty of violating a prison disciplinary rule.

Following a tier III disciplinary hearing, petitioner was found guilty of a prison disciplinary rule that prohibits engaging in or possessing materials related to an unauthorized organization that advocates certain proscribed conduct. After petitioner's administrative appeal was unsuccessful, he commenced this proceeding pursuant to CPLR article 78 challenging the determination.

The Attorney General's office has advised this Court that the determination has been administratively reversed and all references thereto have been expunged from petitioner's institutional record. Accordingly, petitioner has been afforded all of the relief to which he is entitled and the petition must be dismissed as moot (see Matter of Gilkes v Bezio, 68 AD3d [*2]1226, 1226 [2009]; Matter of Knight v Selsky, 19 AD3d 917, 917 [2005]).

Lahtinen, Kavanagh, Stein and Egan Jr., JJ., concur

ADJUDGED that the petition is dismissed, as moot, without costs.