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BENEDICT TORRES v ANTHONY L. POLIZZI, as Hearing Officer, et al.,

BENEDICT TORRES v ANTHONY L. POLIZZI, as HearingOfficer, et al.,

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Calendar Date: April 3, 2018Before: McCarthy, J.P., Egan Jr., Devine, Clark and Rumsey, JJ.__________Benedict Torres, Medina, petitioner pro se.Barbara D. Underwood, Acting Attorney General, Albany(Marcus J. Mastracco of counsel), for respondents.__________Proceeding pursuant to CPLR article 78 (transferred to thisCourt by order of the Supreme Court, entered in Albany County) toreview a determination of respondent Commissioner of Correctionsand Community Supervision finding petitioner guilty of violatingcertain prison disciplinary rules.Petitioner commenced this CPLR article 78 proceeding tochallenge a tier III disciplinary determination finding himguilty of violating certain prison disciplinary rules. TheAttorney General has advised this Court that the determinationhas been administratively reversed and all references theretohave been expunged from petitioner’s institutional record.Inasmuch as petitioner has been granted all the relief to whichhe is entitled, the petition must be dismissed as moot (seeMatter of Weston v Annucci, 156 AD3d 1012, 1013 [2017]; Matter ofBuggsward v Rodriguez, 155 AD3d 1194, 1194-1195 [2017]).McCarthy, J.P., Egan Jr., Devine, Clark and Rumsey, JJ.,concur.ADJUDGED that the petition is dismissed, as moot, withoutcosts.ENTER:Robert D. MaybergerClerk of the Court

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