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In the Matter of David Brooks v. J. Hessel

State of New York Supreme Court, Appellate Division Third Judicial Department


April 28, 2011

IN THE MATTER OF DAVID BROOKS, PETITIONER,
v.
J. HESSEL, AS ACTING SUPERINTENDENT OF GOWANDA CORRECTIONAL FACILITY, ET AL., RESPONDENTS.

MEMORANDUM AND JUDGMENT

Calendar Date: February 28, 2011

Before: Mercure, J.P., Peters, Lahtinen, 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 respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating a prison disciplinary rule. 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. Given that petitioner has received all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Brown v Fischer, 77 AD3d 1004, 1005 [2010]; Matter of Harrison v Bezio, 77 AD3d 1000 [2010]).

Mercure, J.P., Peters, Lahtinen, Malone Jr. and McCarthy, JJ., concur.

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

ENTER:

Robert D. Mayberger Clerk of the Court

20110428

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