IN RE: HERBERT FARRINGTON (2015)

Supreme Court, Appellate Division, Fourth Department.

IN RE: HERBERT FARRINGTON, PETITIONER–APPELLANT, v. ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT–RESPONDENT.

CA 13–01857

Decided: February 13, 2015

PRESENT: PERADOTTO, J.P., CARNI, SCONIERS, AND WHALEN, JJ.

WYOMING COUNTY–ATTICA LEGAL AID BUREAU, WARSAW (LEAH R. NOWOTARSKI OF COUNSEL), FOR PETITIONER–APPELLANT. ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (KATE H. NEPVEU OF COUNSEL), FOR RESPONDENT–RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Memorandum: Petitioner commenced this proceeding seeking to annul a determination that he violated a certain inmate disciplinary rule. After petitioner appealed Supreme Court's judgment dismissing the petition, respondent issued an administrative order reversing the determination and directing that all references to the disciplinary proceeding be expunged. Because petitioner has obtained the relief he sought in the petition, this appeal is dismissed as moot (see Matter of Free v. Coombe, 234 A.D.2d 996, 996).

Frances E. Cafarell

Clerk of the Court

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