IN RE: David ZAIRE (2006)

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

IN RE: David ZAIRE, Petitioner, v. Calvin WEST, as Superintendent of Elmira Correctional Facility, Respondent.

Decided: March 02, 2006

Before: SPAIN, J.P., MUGGLIN, ROSE, LAHTINEN and KANE, JJ.

David Zaire, Elmira, 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 Chemung County) to review a determination of respondent 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 the prison disciplinary rule which prohibits fighting. The Attorney General has advised this Court 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, the matter is dismissed as moot (see Matter of Burgos v. Miller, 1 A.D.3d 873, 874, 767 N.Y.S.2d 302 [2003] ).

ADJUDGED that the petition is dismissed, as moot, without costs, but with disbursements in the amount of $15.

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