General

In the Matter of Scott Smith, Petitioner, v. Glenn S. Goord, as Commissioner of Correctional Services, Respondent

279 A.D.2d 920719 N.Y.S.2d 619·New York Supreme Court, Appellate Division·2001·NY

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Opinion

In the Matter of Scott Smith, Petitioner, v Glenn S. Goord, as Commissioner of Correctional Services, Respondent. [719 NYS2d 619] [MAJORITY] Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule. The Attorney General has advised this Court by letter that the determination at issue has been administratively reversed and all references to the disciplinary hearing have been expunged from petitioner’s institutional record. Inasmuch as petitioner has received all the relief to which he is entitled, the matter is dismissed as moot (see, Matter of Witherspoon v Goord, 243 AD2d 931). Cardona, P. J., Crew III, Spain, Mugglin and Rose, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.