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Townsley v. Lempke

June 24, 2010

IN THE MATTER OF TAYDEN TOWNSLEY, PETITIONER,
v.
JOHN P. LEMPKE, AS SUPERINTENDENT OF FIVE POINTS CORRECTIONAL FACILITY, RESPONDENT.



MEMORANDUM AND JUDGMENT

Calendar Date: May 12, 2010

Before: Mercure, J.P., Rose, Kavanagh, Stein and Garry, 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 respondent which found petitioner guilty of violating a prison disciplinary rule.

Petitioner, a prison inmate, was found guilty of violating program committee procedures following a tier II disciplinary hearing. The Attorney General has informed this Court that the determination has been reversed administratively and all references thereto have been expunged from petitioner's institutional record. As a result, petitioner has received all the relief to which he is entitled and this matter is therefore dismissed as moot (see Matter of Mercer v Artus, 70 AD3d 1073 [2010]; Matter of Burse v Bezio, 69 AD3d 1068 [2010]).

Mercure, J.P., Rose, Kavanagh, Stein and Garry, JJ., concur.

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

20100624

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