State of New York Supreme Court, Appellate Division Third Judicial Department
December 3, 2009
IN THE MATTER OF ANTHONY GILKES, PETITIONER,
NORMAN R. BEZIO, AS DIRECTOR OF SPECIAL HOUSING AND INMATE DISCIPLINARY PROGRAMS, ET AL., RESPONDENTS.
MEMORANDUM AND JUDGMENT
Calendar Date: September 30, 2009
Before: Peters, J.P., Spain, Kane, Malone Jr. and McCarthy, JJ.
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 Correctional Services which found petitioner guilty of violating a prison disciplinary rule.
Following a tier III disciplinary hearing, petitioner was found guilty of possessing gang materials and, after an unsuccessful administrative appeal, he commenced this CPLR article 78 proceeding to challenge the determination. The Attorney General has advised this Court that the determination has been administratively reversed and all references thereto have been expunged from petitioner's institutional record. As a result, petitioner has been afforded all the relief to which he is entitled and the petition must be dismissed as moot (see Matter of Lafferty v Fischer, 61 AD3d 1235, 1235-1236 ; Matter of Hardy v Bezio, 60 AD3d 1229 ).
Peters, J.P., Spain, Kane, Malone Jr. and McCarthy, JJ., concur.
ADJUDGED that the petition is dismissed, as moot, without costs.
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