IN RE: Henry CANTEEN (1997)

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

IN RE: Henry CANTEEN, Petitioner, v. Glenn S. GOORD, as Commissioner of the New York State Department of Correctional Services, et al., Respondents.

Decided: June 12, 1997

Before MIKOLL, J.P., and MERCURE, YESAWICH, PETERS and CARPINELLO, JJ.

Henry Canteen, Malone, petitioner in person. Dennis C. Vacco, Attorney-General (Andrew B. Bing, of counsel), Albany, for respondents.

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 Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Although the determination finding petitioner guilty of violating the prison disciplinary rule which prohibits demonstrations has been administratively reversed, rendering such issue moot (see, Matter of Sharief v. Leonardo, 186 A.D.2d 932, 589 N.Y.S.2d 823), there is no indication that the determination was expunged from petitioner's record. Inasmuch as petitioner may be aggrieved by an inaccurate disciplinary record (see, Matter of Nelson v. Coughlin, 148 A.D.2d 779, 780, 538 N.Y.S.2d 360), any reference to the determination should be expunged from petitioner's disciplinary record.

ADJUDGED that the determination is modified, without costs, by directing that respondents expunge all references to this proceeding from petitioner's files, and, as so modified, confirmed.

MEMORANDUM DECISION.

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