In the Matter of Stanley Sutton, Appellant, v. Philip Coombe, Jr., as Commissioner of the Department of Correctional Services, et al., Respondents

In the Matter of Stanley Sutton, Appellant, v Philip Coombe, Jr., as Commissioner of the Department of Correctional Services, et al., Respondents. [656 NYS2d 957] [MAJORITY] —Appeal from a judgment of the Supreme Court (Ellison, J.), entered March 29, 1996 in Chemung County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Correctional Services finding petitioner guilty of violating certain prison disciplinary rules. The Attorney-General has advised this Court by letter that respondents are not submitting a brief and he requests that this appeal be dismissed as moot inasmuch as the determination under review has been administratively reversed and ex-pungement has been directed. Because petitioner has received all the relief to which he is entitled, the appeal is moot (see generally, Matter of Martin v Henderson, 159 AD2d 867). Cardona, P. J., Mikoll, White, Casey and Spain, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.