IN RE: Wilfredo DIAZ (2005)

Supreme Court, Appellate Division, Third Department, New York.

IN RE: Wilfredo DIAZ, Petitioner, v. Glenn S. GOORD, as Commissioner of Correctional Services, Respondent.

Decided: June 16, 2005

Before: CARDONA, P.J., MERCURE, PETERS, SPAIN and CARPINELLO, JJ.

Wilfredo Diaz, Attica, petitioner pro se. Eliot Spitzer, Attorney General, Albany (Wayne L. Benjamin of counsel), for respondent.

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 certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of attempted smuggling and possession of contraband in violation of prison disciplinary rules. The Attorney General has advised this Court by letter that the determination at issue has been administratively reversed and that all references thereto have been expunged from petitioner's institutional record. Inasmuch as petitioner has received all the relief to which he is entitled and is no longer aggrieved, the matter is dismissed as moot (see Matter of Burgos v. Miller, 1 A.D.3d 873, 767 N.Y.S.2d 302 [2003] ).

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

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